23
Exploring Humanitarian LawEDUCATION MODULES FOR YOUNG PEOPLEEHL
3Module 3The law in action
Which rules are most often violated and why?What dilemmas do combatants face?Who is responsible for respecting IHL?
International Committee of the Red Cross19, avenue de la Paix1202 Geneva, SwitzerlandT +41 22 734 60 01 F +41 22 733 20 57E-mail: [email protected] www.ehl.icrc.org© ICRC, January 2009
3EHL
Mod
ule
3: T
he
law
in a
ctio
n
Exploring Humanitarian LawMODULE 3: ThE LAw IN ACTION
EXPLORATIONS (7 sessions)
3A Identifying violations of IHL (one session) 4
3B From the perspective of combatants (two sessions) 15
3C Who is responsible for respecting IHL? (one session) 28
3D A case study: My Lai – What went wrong? What went right? (three sessions) 33
CONCEPTSViolation of IHL
Civilian/combatant distinction
Chains of consequences
Illegal order
In all modules:Human dignity
Obstacles to humanitarian behaviour
Dilemmas
Consequences
Multiple perspectives
SKILLS PRACTISEDPerspective taking
Brainstorming
Working in groups
Dilemma analysis
Identifying consequences
3Module 3The law in action
If you have limited time and are unable to work through all the explorations, we recommend that you follow at least the short pathway of explorations marked with this icon.
Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL 4
Mod
ule
3: T
he
law
in a
ctio
nIn Module 2, students explored why rules are needed to regulate armed conflict. They also learned about the basic rules of international humanitarian law (IHL) and explored the consequences for victims when these rules are violated.
In Module 3, students go on to consider why people violate IHL and who bears the responsibility for ensuring that the rules are respected.
Using statements from people involved in armed conflicts, Exploration 3A prompts students to identify violations of IHL and to reflect on the reasons given for those violations. Students trace the way in which one violation can set off a chain reaction and brainstorm ways to prevent or to limit such violations.
OBJECTIVES• tobeabletoidentifyviolationsofIHL• torecognizeexamplesofthewayinwhichoneviolationleadstoanother
STUDENT3A RESOURCES
3A.1 Voicesfromwar–23A.2 Whatarethebasicrulesofinternationalhumanitarianlaw?3A.3 Worksheet:WhichruleofIHLwasviolated?
PREPARATION
Choose which passages (from “Voices from war – 2”) to use in steps 1 and 2.
In the Methodology Guide, review teaching methods 1 (Discussion), 2 (Brainstorming), 5 (Role-playing), 7 (Writing and reflecting), 10 (Gathering stories and news) and the material on teaching about consequences in teaching method 4 (Using dilemmas).
If possible, view the relevant chapter of the training film for teachers (Module 3).
TIME
One 45-minute session
3AExploration 3A: Identifying violations of IHL
5Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL
Mod
ule
3: T
he
law
in a
ctio
n1. WHICH RULE OF IHL WAS VIOLATED? (15 minutes)
Divide the class into pairs of students, and assign two or three of the statements from “Voices from war – 2” to each pair.
Instruct the students to identify the various violations of IHL contained in each statement, using “What are the basic rules of IHL?”.
Ask them to record their answers in ‘Chart A’ on the worksheet, “Which rule of IHL was violated?”.
STUDENT3A.1 RESOURCES
STUDENT3A.2 RESOURCES
STUDENT3A.3 RESOURCES
Also, have students study the statements assigned to them and find the reasons that people give, or the reasons that they can imagine these people giving, for violating a particular rule.
Have the class then examine together what the various reasons or explanations given by people have in common. One way to do this might be to group similar-sounding explanations together, by category.[For example: for security, for military advantage, obeying unlawful orders from commanders, the belief that civilians are aiding the enemy, because the other side did it, for revenge, out of desperation or other emotions, lack of resources, because they did not know the law]
NOTE
The worksheet provides an example using statement #1.
2. HOW ONE VIOLATION LEADS TO ANOTHER (15 minutes)Ask the class to find statements that show a link between one violation, and another that is a consequence of it.
Have pairs of students discuss violations of IHL that lead to more violations and ask them to fill in the appropriate columns in ‘Chart B’ on the worksheet.
STUDENT3A.3 RESOURCES
Have students also indicate the rules of IHL that were violated.[For example: when one side places a gun on the roof of a hospital, the other side attacks the hospital as a consequence; or one side’s killing a prisoner leading to the other side’s killing prisoners in revenge; or a captor’s cruel treatment of a prisoner that might lead to the captor then killing the prisoner or to other captors following his lead]
Have students report on the chains of consequences that they have identified.
Why do soldiers attack civilians even when they know it is wrong? They were probably told something or promised something big. They have been stimulated to do more evil. So they do not think much. What I do not understand is what happened to their human minds.– a civilian victim of soldiers’ attack
The exploration3A
Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL 6
Mod
ule
3: T
he
law
in a
ctio
n
The exploration3A
3. CAN WE PREVENT VIOLATIONS OR LIMIT THEIR CONSEQUENCES? (10 minutes)Have the class choose one violation to work on as a group. Then have them brainstorm ways to prevent that violation or to limit its consequences.
When a list has been developed, have students evaluate their suggestions.
Possible questions:
> What consequences is each suggestion likely to have? What, in turn, would each of those consequences lead to?
> Do you think that governments and those fighting would accept your suggestions? Why or why not? How would you ensure their implementation? [For example: giving orders, training, monitoring, disciplining, punishing, making laws]
As a young officer, when I had just finished the training course for officers I was walking down a street. It was a holiday. We were five soldiers just looking around to see if everything was cool. And then in a matter of minutes we were surrounded by maybe four or five thousand people who started throwing stones. They were all very angry because someone had got hurt in a refugee camp. It was truly a danger to our lives because everyone was excited, and I had to think about how to get my soldiers out of there. I only had my gun and real bullets and I had to get my soldiers out of there so I shot, I shot only at people’s legs, but I shot ten, twelve times, to get myself out of there, and I got out of it.– a commander serving in an occupied area
4. CLOSE (5 minutes)Discuss:
> Can you think of examples from the news of situations of escalating violence?
! KEY IDEAS
• ViolationsofIHLoftensetoffachainreaction,leadingtofurtherviolations.• PeoplegivevariousreasonsfortheviolationsofIHLthattakeplace.• ThereareseveralwaystopreventviolationsofIHLandtolimittheir
consequences.
7Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL
Mod
ule
3: T
he
law
in a
ctio
n
Extension activities3A
COMMUNICATIONWrite a paper about the violation of international humanitarian law (IHL) that your class chose to work on as a group. In your paper evaluate some of the suggestions made by your class to prevent such violations or to limit their consequences.
OR
Make drawings to illustrate the violation.
OR
Make posters to promote the suggestions made by your class.
CHAINS OF CONSEQUENCESSelect a violation of IHL and make a diagram of the chains of consequences that the violation could create. Some consequences might result in many other chains of consequences.
Example from “Voices from war – 2”:
There are a lot of situations when soldiers changed uniforms for ordinary suits...
Initialviolation
soldiers are disguised in
civilian clothes
cannot distinguish
between combatants and
civilians
medical and humanitarian sta� become suspected
of being combatants
suspicion that other disguises
may be usedhumanitarian
work is interrupted or
stopped
the other side also targets civilians
civilians are targeted as combatants
Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL 8
Mod
ule
3: T
he
law
in a
ctio
n
Extension activities3A
DEBATEConduct a debate on the following statement:
A law that is often broken is better than no law at all.
Assemble two teams – one to argue in favour of the statement and one to argue against it – and a team of judges. Teams should review their class notes and other useful resources, such as books, periodicals and the news (newspapers, radio, television). Each team should prepare the following:
• afive-minutepresentation;• alistofpointsthattheythinktheotherteamwillmakeagainsttheirposition;• theirresponsestothosepoints. [The following ideas might be of help: the effect of often disrespecting laws, examples
of laws other than IHL that are often broken yet valued, the history of the acceptance of laws over time, the value of a law as an ideal, the alternatives to law]
During the time allotted for planning, a third judging team should work out the criteria for judging the debate.
Conduct the debate.
At the conclusion of the debate, the judges should summarize the points they have heard. Then they should announce their decision and give reasons for it.
Then, discuss the following questions:
> How do you think your debate applies to IHL?> Are there other examples of rules that are valued even though they are often broken? [For example: religious laws, social customs]
OR
Debate the pros and cons of this statement by a teacher in Nigeria:
Since there is a law that forbids the army from killing civilians, there should be a law that forbids civilians from helping the army.
While preparing your positions, consider the following points:
• theconsequencesofyourposition;• howtodefinewhatconstitutes‘helping’soldiers.
The law sets up dykes against the incoming tide. And the tide never goes out for long. It exerts pressure, it threatens, it breaks through at the first opportunity. Sometimes, it sweeps away the dyke. And there stands our law, violated and ineffective. That is its fate. Anyone who thinks that the only true law is one which is fully respected must be living in another world.– Denys de Béchillon, professor
9Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (1/2)3A.1
S.3AVo
ices
from
war
– 2
Peop
le in
volv
ed in
rece
nt w
ars
desc
ribe
vio
lati
ons
of in
tern
atio
nal
hum
anit
aria
n la
w (I
HL)
that
they
ha
ve e
xper
ienc
ed, w
itne
ssed
or
hear
d ab
out.
1 Th
ere
wer
e a
lot o
f situ
atio
ns in
w
hich
sold
iers
cha
nged
uni
form
s fo
r ord
inar
y su
its. H
ow co
uld
you
tell
who
was
real
ly a
civ
ilian
? So
if yo
u at
tack
a c
ity, y
ou h
ave
to k
ill
wha
teve
r mov
es.
– a
sold
ier
2 W
e en
ded
up a
ttac
king
who
le
fam
ilies
. Wha
t dro
ve u
s int
o do
ing
this
was
that
they
wer
e do
ing
the
sam
e to
our
peo
ple,
kill
ing
babi
es
as y
oung
as t
hree
mon
ths.
– a
form
er c
omba
tant
3 If
I hav
e so
me
info
rmat
ion
that
th
e ot
her p
eopl
e ar
e ki
lling
my
peop
le w
ho a
re p
rison
ers,
anyb
ody
I cap
ture
who
’s fro
m th
e ot
her s
ide,
he
’ll p
ay fo
r it.
– a
com
man
der
4 So
ldie
rs fe
lt th
at th
ey h
ad to
kill
a
priso
ner o
f war
. He
wou
ld b
e ex
cess
ba
ggag
e be
caus
e yo
u ha
ve to
brin
g al
ong
a pr
isone
r of w
ar w
here
ver
you
go. Y
ou a
re re
spon
sible
for
that
per
son,
so to
get
rid
of th
e re
spon
sibili
ty, y
ou k
ill th
e pe
rson
. –
a N
GO
wor
ker
5 An
othe
r pro
blem
is la
ck o
f pl
anni
ng, b
ecau
se w
hene
ver a
pr
ison
er is
capt
ured
, you
don
’t kn
ow w
hat t
o do
with
him
. As a
re
sult,
sold
iers
kill
ed p
rison
ers.
–
a fo
rmer
det
aine
e
6 Th
e fe
dera
l for
ces c
ould
not
ca
ptur
e th
e vi
llage
s; th
eref
ore
they
pr
even
ted
any
hum
anita
rian
aid
from
get
ting
to th
e vi
llage
s. Th
at is
th
eir s
trat
egy
- to
prom
ote
hung
er
and
star
vatio
n - a
nd it
is w
rong
. –
a fo
rmer
com
bata
nt
7 D
urin
g th
e w
ar, t
he co
mm
ande
r de
fined
our
mor
al co
de, l
ike
this:
‘N
ever
har
m th
e pe
ople
’s cr
ops.’
But
, la
ter o
n, th
e sit
uatio
n ch
ange
d.
Dur
ing
the
fight
ing,
the
mai
n po
licy
beca
me
the
dest
ruct
ion
of
the
econ
omy;
the
sold
iers
wer
e gi
ven
an o
rder
that
if th
ey co
uld
not a
chie
ve b
ig th
ings
, the
y ha
d to
att
ack
the
peop
le’s
prop
erty
. D
estr
oyin
g al
l, bur
ning
to a
shes
, w
as th
e ob
ject
ive
in fi
ghtin
g th
e en
emy.
–
a fo
rmer
com
bata
nt
8 At
tack
ing
relig
ious
site
s is j
ust p
art
of w
ar. C
omba
tant
s fee
l tha
t the
se
area
s are
sacr
ed a
reas
and
use
th
em to
hid
e fo
r she
lter.
I am
telli
ng
you,
a c
hurc
h is
not
a c
hurc
h an
y m
ore
if th
ere
are
som
e so
ldie
rs in
it.
– a
sold
ier
Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL 10
Mod
ule
3: T
he
law
in a
ctio
n
S.3AVo
ices
from
war
– 2
STUDENTRESOURCE (2/2)3A.1
9 Th
e ar
my
shou
ld n
ot u
se c
ivili
ans
as a
livi
ng sh
ield
. But
it h
as b
een
done
in th
is w
ar ra
ther
ofte
n. F
or
exam
ple,
they
put
the
mac
hine
gun
on
the
chur
ch ro
of o
r on
top
of a
bi
g bu
ildin
g in
whi
ch c
ivili
ans w
ere
livin
g. B
ecau
se w
e w
ere
thre
aten
ed,
we
fired
at t
hose
bui
ldin
gs.
– a
form
er d
etai
nee
10 T
here
wer
e gi
rls w
ho w
ere
rape
d an
d no
w th
ey h
ave
kids
who
do
not
have
fath
ers.
This
is a
crim
e th
at
will
nev
er b
e re
solv
ed.
– a
tow
nshi
p re
side
nt
11 W
e w
ere
brie
fed
that
whe
n w
e m
oved
from
one
pla
ce to
ano
ther
, w
e sh
ould
poi
son
the
wat
er. I
t was
pa
rt o
f war
, sur
viva
l of t
he fi
ttes
t. Yo
u ar
e to
ld th
at th
ese
peop
le a
re
enem
ies,
if th
ey g
et h
old
of y
ou,
they
will
kill
you
. But
mos
t of t
he
peop
le a
re tr
appe
d; th
ey m
ay b
e ju
st in
noce
nt p
eopl
e m
ovin
g fro
m
one
plac
e to
ano
ther
. The
se p
eopl
e ha
ve n
o ho
pe, f
ood;
so it
is w
rong
to
poi
son
them
. –
a fo
rmer
com
bata
nt
12 W
hen
my b
roth
er-in
-law
was
a
priso
ner o
f war
, the
y did
not
trea
t the
pr
isone
rs p
rope
rly. T
hey a
re a
fraid
th
at so
me
day t
he p
rison
ers m
ight
te
ll wha
t was
don
e to
them
. Tha
t is
why
man
y pris
oner
s wer
e m
urde
red.
Si
mpl
y to
conc
eal t
he m
isdee
ds.
– a
wid
ow
13 D
estr
uctio
n of
relig
ious
or h
istor
ic
sites
is p
art o
f war
. Bec
ause
dur
ing
war
you
don
’t ca
re a
bout
any
thin
g;
you
wan
t to
dest
roy
anyt
hing
you
co
me
acro
ss in
ord
er to
win
the
war
. –
a fo
rmer
teac
her a
nd m
anag
er
of a
refu
gee
cam
p
14 D
enyi
ng fo
od o
r wat
er to
the
civi
lian
popu
latio
n is
a st
rate
gy in
war
. It i
s go
od th
at yo
u do
n’t a
llow
them
to
get f
ood,
you
don’
t allo
w th
em to
ge
t wat
er. I
t will
wea
ken
them
. –
a ca
ptur
ed c
omba
tant
15 I
mag
ine
ther
e is
a m
achi
ne g
un
ther
e an
d yo
u ne
ed to
take
it o
ver.
But t
he e
nem
y pu
t civ
ilian
s on
the
roof
to p
reve
nt y
ou fr
om ta
king
it.
Of c
ours
e yo
u at
tack
a m
ilita
ry
obje
ct. A
nd c
ivili
ans g
et k
illed
. –
a jo
urna
list
16 O
ne re
ason
why
sold
iers
kill
ci
vilia
ns is
that
whe
n tr
oops
suffe
r he
avy
casu
altie
s, w
hat t
hey
do is
ca
ll th
e ci
vilia
ns to
com
e an
d di
g gr
aves
for t
hem
. Afte
r the
gra
ves
have
bee
n du
g, th
e so
ldie
rs w
ill
shoo
t the
civ
ilian
s, be
caus
e it
was
th
eir p
eopl
e w
ho w
ere
resp
onsi
ble.
It
is d
one
in a
nger
. The
sold
iers
who
do
that
are
the
less
priv
ilege
d on
es,
the
illite
rate
one
s who
are
not
ed
ucat
ed a
bout
war
. –
a co
mm
ande
r
17 T
hey
gave
me
a un
iform
and
told
m
e th
at n
ow I w
as in
the
arm
y.
They
said
that
they
wou
ld co
me
back
and
kill
my
pare
nts i
f I d
idn’
t do
as t
hey
said
. –
a fo
rmer
chi
ld s
oldi
er
Sour
ce: A
dapt
ed fr
om re
sear
ch c
ondu
cted
for
the
ICRC
’s Pe
ople
On
War
cam
paig
n an
d fr
om
‘Voi
ces
of Y
oung
Sol
dier
s,’ Co
aliti
on to
Sto
p th
e U
se
of C
hild
Sol
dier
s (h
ttp:
//w
ww
.chi
ld-s
oldi
ers.o
rg/
child
sold
iers
/voi
ces-
of-y
oung
-sol
dier
s).
11Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (1/2)3A.2
wha
t are
the
basi
c ru
les
of in
tern
atio
nal h
uman
itaria
n la
w?
D
ISTI
NCT
ION
Whe
n pl
anni
ng o
r ca
rryi
ng
out a
n at
tack
, dis
tinc
tion
m
ust b
e m
ade
bet
wee
n ci
vilia
ns a
nd c
omba
tant
s an
d b
etw
een
civi
lian
obje
cts
and
mili
tary
obj
ecti
ves.
1. A
ttac
king
civ
ilian
s is
pro
hibi
ted.
2. A
ttac
king
civ
ilian
obj
ects
(hou
ses,
hosp
itals
, sch
ools
, pla
ces
of
wor
ship
, cul
tura
l or h
isto
ric
mon
umen
ts, e
tc.)
is p
rohi
bite
d.
3. B
efor
e an
att
ack,
eve
ry p
ossi
ble
prec
autio
n m
ust b
e ta
ken
to
min
imiz
e th
e po
tent
ial h
arm
to
civi
lians
and
civ
ilian
obj
ects
.
4. T
he u
se o
f wea
pons
that
are
no
t abl
e to
dis
tingu
ish
betw
een
civi
lians
and
mili
tary
targ
ets
is
proh
ibite
d.
TR
EATM
ENT
Civi
lians
and
com
bata
nts
who
are
hor
s de
com
bat m
ust
be
prot
ecte
d an
d tr
eate
d hu
man
ely.
1. M
urde
r, to
rtur
e, a
nd c
ruel
or
deg
radi
ng tr
eatm
ent o
r pu
nish
men
t are
pro
hibi
ted.
2. S
exua
l vio
lenc
e is
pro
hibi
ted.
3. Fo
rced
dis
plac
emen
t of c
ivili
ans
is
proh
ibite
d.
4. S
tarv
ing
civi
lians
is p
rohi
bite
d.
5. U
sing
hum
an s
hiel
ds to
pro
tect
m
ilita
ry o
bjec
tives
is p
rohi
bite
d.
6. W
ound
ed, s
ick
or sh
ipw
reck
ed
enem
y co
mba
tant
s mus
t be
sear
ched
fo
r, co
llect
ed a
nd c
ared
for. T
here
sh
ould
be
no p
refe
rent
ial t
reat
men
t, ex
cept
on
med
ical
gro
unds
.
7. C
aptu
red
civi
lians
and
ene
my
com
bata
nts m
ust b
e gi
ven
adeq
uate
fo
od, w
ater
, clo
thin
g, sh
elte
r and
m
edic
al c
are
and
mus
t be
allo
wed
to
corr
espo
nd w
ith th
eir f
amili
es.
8. E
very
one
mus
t rec
eive
a fa
ir tr
ial.
SP
ECIF
IC P
ROTE
CTIO
N
Cert
ain
cate
gori
es o
f peo
ple
and
obje
cts
mus
t rec
eive
ad
diti
onal
pro
tect
ion.
1. R
ecru
iting
or u
sing
chi
ldre
n un
der
the
age
of 1
5 in
arm
ed c
onfli
ct is
pr
ohib
ited.
2. M
edic
al p
erso
nnel
and
faci
litie
s (h
ospi
tals
, clin
ics,
ambu
lanc
es, e
tc.)
as w
ell a
s re
ligio
us p
erso
nnel
mus
t be
resp
ecte
d an
d pr
otec
ted.
3. H
uman
itaria
n re
lief p
erso
nnel
, su
pplie
s an
d op
erat
ions
mus
t be
resp
ecte
d an
d pr
otec
ted.
4. C
ultu
ral p
rope
rty
mus
t be
resp
ecte
d an
d pr
otec
ted.
5. T
he s
peci
fic p
rote
ctio
n, h
ealth
an
d as
sist
ance
nee
ds o
f wom
en
affec
ted
by a
rmed
con
flict
mus
t be
resp
ecte
d.
W
EAPO
NS
AN
D T
ACT
ICS
The
onl
y le
giti
mat
e ob
ject
ive
of w
ar is
to w
eake
n th
e en
emy’
s m
ilita
ry fo
rces
.
1. T
he u
se o
f wea
pons
that
ca
use
unne
cess
ary
suffe
ring
is
proh
ibite
d.
2. Ta
king
hos
tage
s is
pro
hibi
ted.
3. K
illin
g or
wou
ndin
g a
surr
ende
ring
enem
y is
pro
hibi
ted.
4. O
rder
ing
or th
reat
enin
g th
at th
ere
shal
l be
no s
urvi
vors
is p
rohi
bite
d.
5. P
rete
ndin
g to
be
a ci
vilia
n w
hile
fig
htin
g is
pro
hibi
ted.
6. D
estr
oyin
g ob
ject
s ne
cess
ary
for
the
surv
ival
of c
ivili
ans
(food
stuff
s, fa
rmin
g ar
eas,
drin
king
wat
er
inst
alla
tions
, etc
.) is
pro
hibi
ted.
7. A
ttac
king
med
ical
and
relig
ious
pe
rson
nel a
nd o
bjec
ts la
wfu
lly
usin
g th
e re
d cr
oss/
red
cres
cent
/re
d cr
ysta
l em
blem
is p
rohi
bite
d.
8. M
isus
ing
the
red
cros
s/re
d cr
esce
nt/r
ed c
ryst
al e
mbl
em is
pr
ohib
ited.
S.3A
Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL 12
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (2/2)3A.2
wha
t are
the
basi
c ru
les
of in
tern
atio
nal h
uman
itaria
n la
w?
civi
lian:
any
per
son
who
is n
ot a
com
bata
nt
Whe
n ci
vilia
ns ta
ke a
dire
ct p
art i
n fig
htin
g, th
ey lo
se th
eir p
rote
ctio
n fr
om
atta
ck. (
Whe
n th
ere
is a
ny d
oubt
abo
ut a
per
son’
s st
atus
, he
or s
he s
hall
be
cons
ider
ed to
be
a ci
vilia
n.)
civi
lian
obje
ct: a
ny o
bjec
t tha
t is
not a
mili
tary
obj
ecti
ve
Whe
n a
civi
lian
obje
ct is
use
d in
sup
port
of m
ilita
ry a
ctio
n, it
bec
omes
a
legi
tim
ate
mili
tary
targ
et a
nd lo
ses
its
prot
ecti
on. (
Whe
n th
ere
is a
ny
doub
t abo
ut w
heth
er a
civ
ilian
obj
ect i
s in
fact
bei
ng u
sed
in s
uppo
rt o
f m
ilita
ry a
ctio
n, it
sha
ll be
con
side
red
to b
e a
civi
lian
obje
ct.)
com
bata
nt: m
embe
r of a
rmed
forc
es, m
embe
r of a
n ar
med
gro
up u
nder
the
orde
rs o
f a p
arty
to th
e co
nflic
t
mili
tary
obj
ecti
ve: o
bjec
t whi
ch b
y it
s na
ture
, loc
atio
n, p
urpo
se o
r use
m
akes
an
effe
ctiv
e co
ntri
buti
on to
mili
tary
act
ion
and
who
se d
estr
ucti
on
offe
rs a
def
inite
mili
tary
adv
anta
ge
hors
de
com
bat:
lite
rally
mea
ns ‘o
ut o
f the
figh
t’ an
d de
scri
bes
com
bata
nts
who
hav
e be
en c
aptu
red
or w
ound
ed o
r who
are
sic
k or
shi
pwre
cked
and
th
us a
re n
o lo
nger
in a
pos
itio
n to
figh
t
prin
cipl
e of
pro
por
tion
alit
y: th
e ex
pect
ed n
umbe
r of d
eath
s or
inju
ries
to
civ
ilian
s or
dam
age
to c
ivili
an o
bjec
ts m
ust n
ot b
e ex
cess
ive
com
pare
d to
the
anti
cipa
ted
mili
tary
adv
anta
ge
DEF
INIT
ION
S
S.3A
13Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (1/2)3A.3
Worksheetw
hich
rule
of I
hL
was
vio
late
d? Char
t A
Des
crib
e th
e w
rong
ful a
ctio
nIH
L vi
olat
ions
Reas
ons
Exam
ple:
Stat
emen
t #1
- Sol
dier
s pos
ed a
s civ
ilian
s; th
e en
emy
sold
iers
kill
ed
wha
teve
r mov
ed, e
ven
if th
ey w
ere
civi
lians
.
Wea
pons
and
Tact
ics 5
Dis
tinct
ion
1 To
be
able
to h
ide,
to h
ave
food
and
shel
ter,
out o
f fea
r, fo
r rea
sons
of s
ecur
ity, e
tc.
Stat
emen
t #
Stat
emen
t #
Stat
emen
t #
S.3A
Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL 14
Mod
ule
3: T
he
law
in a
ctio
n
WorksheetCh
art B
Wri
te d
own
one
wro
ng th
ing
that
som
eone
did
IH
L vi
olat
ions
Nam
e a
viol
atio
n th
at d
id (o
r cou
ld) f
ollo
wIH
L vi
olat
ions
Exam
ple:
Stat
emen
t #1
- Sol
dier
s pos
ed a
s civ
ilian
s.W
eapo
ns a
nd Ta
ctic
s 5Th
e en
emy
sold
iers
kill
ed a
nyon
e w
ho m
oved
, in
clud
ing
civi
lians
. The
oth
er si
de m
ight
then
at
tack
civ
ilian
s in
reve
nge
Dis
tinct
ion
1W
eapo
ns a
nd Ta
ctic
s 5
Stat
emen
t #
Stat
emen
t #
Stat
emen
t #
STUDENTRESOURCE (2/2)3A.3
whi
ch ru
le o
f Ih
L w
as v
iola
ted?
S.3A
15Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL
Mod
ule
3: T
he
law
in a
ctio
n
3BIn Exploration 3A, students identified a number of violations of international humanitarian law (IHL) as well as the reasons for such violations, and then discussed how one violation can lead to others.
In Exploration 3B, they tackle dilemmas based on the actual experiences of combatants in situations typical of modern warfare. Combatants are faced with
difficult decisions, in applying the rules of war when their own safety and the safety of their fellow combatants is at risk. Many such dilemmas arise when the distinction between civilians and combatants – or between civilian objects and military objectives – is unclear. This distinction has sometimes been blurred intentionally by combatants seeking safety or advantage.
OBJECTIVES• tobeabletorecognizedilemmasthatmayariseinrespectingIHLincombatsituations• tounderstandthedifficultiesinrespectingIHLwhenthedifferencebetweencombatantsandciviliansisunclear
STUDENT3B RESOURCES
Dilemmascenarios:3B.1 NowwhatdoIdo?3B.2 ShouldIstopit?3B.3 700prisonersandlittletoliveon3B.4 Whatifshe’stellingthetruth?*3B.5 Shouldthesoldieropenfireonthevillage?*
3B.6 Dilemmaworksheet3B.7 Whatarethebasicrulesofinternational
humanitarianlaw?
PREPARATION
Choose two or more dilemmas (from “Dilemma scenarios”) to use in steps 1 and 2. Be sure to include at least one of the dilemmas marked *, which deal with difficulties in distinguishing civilians from combatants.
In the Methodology Guide, review teaching methods 1 (Discussion), 3 (“No easy answers”), 5 (Role-playing), 9 (Small groups), 10 (Gathering stories and news) and the material on teaching about consequences in teaching method 4 (Using dilemmas).
TIME
Two 45-minute sessions
Exploration 3B: From the perspective of combatants
Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL 16
Mod
ule
3: T
he
law
in a
ctio
n
3B1. DILEMMAS THAT COMBATANTS MAY FACE (30 minutes)
Divide the class into small groups and assign each group a dilemma from “Dilemma scenarios.”
Each group can use copies of the “Dilemma worksheet” and of “What are the basic rules of international humanitarian law?” to note down their ideas as they work on the dilemma and to stimulate discussions.
STUDENT3B.1-5 RESOURCES
STUDENT3B.6 RESOURCES
STUDENT3B.7 RESOURCES
As they work out what action to take in light of the dilemma presented, they should keep in mind the following points:
• thevariousoptionsthatareavailable;• thepossibleconsequencesofeachaction;• whatIHLrequires;• thedifferentpeopleinvolvedandtheirpointsofview.
In addition, encourage them to consider the following points:
• howemotionsandattitudescouldinfluenceconsequences;• conditionsthatmayaffectthecombatants’choices(suchastimepressures,the
dangerousness of their surroundings and the degree of authority or influence that they have over the other people involved).
After about 15 minutes, ask the groups to choose which action to take. Ask them to write down their choice and their reasons for it. In making their choice, they should take into account the rules of IHL as well as any other pertinent considerations.
2. DILEMMA DECISIONS (25 minutes)Reconvene the class, and have one student report each group’s decision. In their reports, students should be asked to:
• statetheproblemtheyfacedintryingtorespectIHLinthesituationtheyweregiven;• indicatetheactiontheydecidedtotake;• givereasons for their choice.
The exploration
17Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL
Mod
ule
3: T
he
law
in a
ctio
n
3B3. THE DISTINCTION BETWEEN CIVILIANS AND COMBATANTS (30 minutes)Ask students to reflect on the following rule:
When planning or carrying out an attack, distinction must be made between civilians and combatants and between civilian objects and military objectives.– Paraphrased from Article 48, Protocol I additional to the Geneva Conventions
Help students understand the rule by asking them to give examples of:
• peoplewhowouldbeconsideredtobeciviliansinarmedconflict;• thingsthatwouldbeconsideredtobecivilianobjectsandthingsthatwouldbe
considered to be military objectives.
Then discuss the following rule:
When there is any doubt about a person’s status, he or she shall be considered to be a civilian. Similarly, if there is any doubt about whether a civilian object is in fact being used in support of military action, it shall be considered to be a civilian object.– Paraphrased from Articles 50 and 52, Protocol I additional to the Geneva Conventions
Use examples like the following to discuss how borderline cases contribute to dilemmas that soldiers face in respecting IHL:
• awomanwhoprovidesfoodandsheltertosoldiers;• aradiostationthatbroadcastswarpropaganda;• auniversitywheresomestudentsaretrainedformilitaryservice.
Possible questions:
> What are the consequences of not knowing who is a civilian or what is a civilian object? What consequences could such ignorance or doubt have?
Explain to students that if a civilian is involved in acts that directly harm the enemy by weakening its military strength, that person looses his or her protection against attack, although only for the duration of the act in question. Make sure that students understand that even under such circumstances, civilians do not qualify as combatants.
I think the armed forces attacked civilians because they didn’t understand what it was like for civilians. Soldiers complained all the time that civilians were also guerrillas. Sometimes the soldiers thought that the people collaborated with the guerrillas. Sometimes the soldiers thought that some family perhaps gave the guerrillas some food or had joined them, so they killed the whole family for collaborating with the enemy. – a woman with a ‘disappeared’ family member
4. CLOSE (5 minutes)Discuss:
> How can combatants affect how civilians from their side are treated during armed conflict?
One day people are running up to you and hugging you, and the next day a little kid is throwing a grenade at you. What are you supposed to decide from that? What are you supposed to feel? I don’t know. – a soldier
The exploration
Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL 18
Mod
ule
3: T
he
law
in a
ctio
n
3B! KEY IDEAS
• FollowingtherulesofIHLinsituationsofarmedconflictsometimescreatesdilemmas.
• Dilemmasmayresultfromthedifficultyofdistinguishingbetweencombatantsand civilians.
• Sometimespeopleblurthedistinctionintentionally,andsometimesitisblurred when fighting takes place in residential areas.
• Ifthereisanydoubtaboutthecivilianstatusofapersonoranobject,thatperson or object shall considered to be civilian.
The exploration
19Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL
Mod
ule
3: T
he
law
in a
ctio
nHISTORY OF CIVILIAN INVOLVEMENT IN WARFAREIn connection with your history studies, examine the role of civilians during wars. For instance:
> How has guerrilla warfare affected civilians? > How have changes in military strategy and technological advances affected the
status of civilians and the distinction that is drawn between them and combatants?
ROLE-PLAYING
Choose one of the dilemmas, and prepare a dramatization based on it. STUDENT3B.1-5 RESOURCES
In addition to the decision-maker, consider the roles listed under “Possible points of view to consider” or others you may think of.
Extension activities3B
Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL 20
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3B.1
S.3BA
lieu
tena
nt is
in c
harg
e of
a s
mal
l sq
uad
that
has
bee
n or
dere
d to
ca
ptur
e m
en a
nd m
ater
ials
from
a
disa
bled
ene
my
conv
oy o
f sm
all
boat
s. H
is s
quad
mov
es in
and
see
s a
coup
le o
f wre
cked
boa
ts. H
is s
oldi
ers
com
e un
der l
ight
fire
and
sho
ot b
ack.
Th
en s
ever
al m
en c
ome
out o
f hid
ing
alon
g th
e ca
nal b
ank
and
appr
oach
th
e lie
uten
ant w
ith th
eir h
ands
up.
H
e ca
ptur
es th
em.
Now
one
of h
is s
quad
dra
gs a
n en
emy
fight
er o
ut o
f the
can
al. A
pi
ece
of s
hrap
nel h
as s
liced
him
ope
n ac
ross
the
abdo
men
. He
is ly
ing
on
the
grou
nd w
ith h
is e
yes
clos
ed,
groa
ning
sof
tly. K
neel
ing
besi
de th
e m
an, t
he li
eute
nant
thin
ks to
him
self,
“O
h m
y G
od! N
ow w
hat d
o I d
o?”
He
coul
d ra
dio
for o
ne o
f his
ow
n m
edic
al h
elic
opte
rs to
com
e to
pic
k th
e w
ound
ed m
an u
p, b
ut h
ow s
afe
is
it fo
r his
squ
ad to
rem
ain
in th
e ar
ea?
Hav
e th
e en
emy
fight
ers
left
the
area
or
are
they
sitt
ing
just
ove
r the
re in
th
e tr
ees,
wai
ting
to ju
mp
at th
e fir
st
oppo
rtun
ity? T
he e
nem
y fig
hter
is
too
badl
y hu
rt fo
r the
squ
ad to
car
ry
him
bac
k to
bas
e.
Ther
e w
as n
o w
ay I c
ould
leav
e a
wou
nded
man
(...)
out
ther
e on
the
plai
ns to
die
, but
(...)
ther
e w
ere
only
ab
out fi
fteen
of u
s, an
d w
ith se
ven
pris
oner
s to
wat
ch, w
e w
ould
be
in re
al
trou
ble
if an
att
ack
star
ted.
Eve
ning
w
as a
ppro
achi
ng to
o. (.
..) W
e ha
d (..
.) on
ly in
divi
dual
wea
pons
and
a b
asic
lo
ad o
f am
mo
[am
mun
ition
]. W
e ha
d no
ratio
ns to
eat
, no
entr
ench
ing
tool
s w
ith w
hich
to d
ig in
, and
no
air s
uppo
rt
to ca
ll up
on in
an
emer
genc
y.
Sour
ce: D
avid
Don
ovan
, Onc
e a
War
rior K
ing:
M
emor
ies o
f an
Offi
cer i
n Vi
etna
m, M
cGra
w-H
ill,
New
Yor
k, 1
985.
Now
wha
t do
I do?
Que
stio
n: A
s th
e lie
uten
ant,
wha
t wou
ld y
ou d
o?
PO
SSIB
LE P
OIN
TS O
F V
IEW
TO
CO
NSI
DER
:•
oneofth
esoldiersin
thesqua
d•
thewou
nded
ene
my
•thelieuten
ant’ssup
erioro
fficer
•thehe
licop
terp
ilot
•an
ene
mysoldierinhiding
Dilemma scenario
21Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3B.2
Sho
uld
I sto
p it?
The
lieut
enan
t was
stan
ding
in c
hest
-hi
gh w
ater
whe
n su
dden
ly a
man
bu
rst f
rom
und
er th
e w
ater
at h
is si
de.
The
lieut
enan
t saw
two
thin
gs a
t tha
t in
stan
t: th
e w
ildne
ss in
the
man
’s ey
es
and
the
knife
clu
tche
d in
his
han
d.
Aft
er a
des
pera
te s
trug
gle
in th
e w
ater
, the
lieu
tena
nt g
ot c
ontr
ol
of th
e m
an’s
arm
and
hel
d it
until
hi
s ow
n m
en re
scue
d hi
m a
nd to
ok
the
enem
y fig
hter
pris
oner
. The
lie
uten
ant c
olla
psed
on
the
bank
.
Late
r, th
e lie
uten
ant n
otic
ed h
is
sold
iers
hud
dled
aro
und
the
capt
ured
fig
hter
. The
y w
ere
shou
ting
at h
im
and
one
was
thre
aten
ing
him
with
a
com
bat k
nife
. As t
he o
ffice
r in
char
ge,
the
lieut
enan
t hur
ried
over
to c
heck
w
hat w
as h
appe
ning
. By
the
time
he g
ot th
ere,
the
capt
ured
man
had
be
en c
ut a
cros
s the
che
st. A
serg
eant
w
as tr
ying
to c
alm
the
situ
atio
n:
Don
’t cu
t him
, o.k
.? Ju
st d
on’t
cut h
im.
We
can’
t tak
e hi
m b
ack
and
coun
t him
as
a p
rison
er if
you
cut
him
up.
So
just
pu
t the
kni
fe u
p an
d do
n’t c
ut h
im
agai
n. W
e ca
n sa
y he
got
the
scra
tch
whe
n w
e ha
uled
him
into
the
boat
, but
ca
lm d
own
and
don’
t cut
him
aga
in!
The
man
with
the
knife
relu
ctan
tly
agre
ed to
sto
p an
d to
ld th
e se
rgea
nt h
e w
as ju
st tr
ying
to s
care
th
e pr
ison
er. W
hen
the
pris
oner
co
ntin
ued
to d
eny
know
ing
anyt
hing
, the
man
pul
led
out h
is
knife
and
pre
ssed
it in
to th
e sk
in o
f th
e pr
ison
er’s
ches
t.
Sour
ce: D
avid
Don
ovan
, Onc
e a
War
rior K
ing:
M
emor
ies o
f an
Offi
cer i
n Vi
etna
m, M
cGra
w-H
ill,
New
Yor
k, 1
985.
Que
stio
n: A
s th
e lie
uten
ant,
wha
t wou
ld y
ou d
o?
PO
SSIB
LE P
OIN
TS O
F V
IEW
TO
CO
NSI
DER
:•
theprison
er•
thesoldierw
ieldingthekn
ife•
thesergeant
•othe
rsoldiersinth
elieuten
ant’splatoon
•hismilitarysup
eriorsbackatheadq
uarters
Dilemma scenarioS.3B
Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL 22
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3B.3
ICRC. All rights reserved.
700
pris
oner
s an
d lit
tle to
live
on
A s
ucce
ssfu
l bat
tle fo
ught
in th
e de
sert
, far
from
a to
wn
or h
ome
base
, was
at l
ast o
ver.
A v
icto
rious
so
ldie
r rem
embe
rs it
.
Hun
ger c
alle
d us
out
of o
ur tr
ance
. We
had
now
seve
n hu
ndre
d pr
isone
rs in
ad
ditio
n to
our
ow
n fiv
e hun
dred
men
. (..
.) W
e had
not
any
mon
ey (o
r, in
deed
, a
mar
ket);
and
the l
ast m
eal h
ad b
een
two
days
ago
. In o
ur ri
ding
cam
els w
e po
sses
sed
mea
t eno
ugh
for s
ix w
eeks
, bu
t it w
as p
oor d
iet,
and
a [c
ostly
] di
et, in
dulg
ence
in w
hich
wou
ld b
ring
futu
re im
mob
ility
upo
n us
.
Sour
ce: T
.E. L
awre
nce,
Rev
olt i
n th
e D
eser
t, G
eorg
e H
. Dor
an C
ompa
ny, N
ew Y
ork,
192
7.
Que
stio
n: W
hat s
houl
d th
e ca
ptor
s do
?
PO
SSIB
LE P
OIN
TS O
F V
IEW
TO
CO
NSI
DER
:•
othe
rvictorio
ussoldiers
•theprison
ers
Wor
ld W
ar I,
Bei
da B
ordj
cam
p. G
erm
an
pris
oner
s of w
ar.
Dilemma scenarioS.3B
23Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3B.4
wha
t if s
he’s
telli
ng th
e tr
uth?
Whe
n th
e fir
ing
ceas
ed, w
e su
rrou
nded
the
bunk
er. W
e w
ere
sure
som
eone
was
still
in th
ere.
We
shou
ted
to th
em to
surr
ende
r. A
m
an a
nd tw
o w
omen
cam
e ou
t with
th
eir h
ands
up.
Insi
de th
e bu
nker
, w
e fo
und
two
dead
men
, alo
ng
with
wea
pons
and
doc
umen
ts. W
e w
ere
sure
that
the
man
and
the
two
wom
en w
ere
also
ene
my
com
bata
nts.
Thei
r bun
ker h
ad o
pene
d fir
e on
us
and
kille
d tw
o of
our
men
and
now
th
ey w
ere
capt
ured
with
wea
pons
th
at w
ere
still
hot
! My
sold
iers
felt
like
killi
ng th
em in
retu
rn. A
s the
offi
cer i
n ch
arge
, I h
ad a
har
d tim
e ca
lmin
g ou
r gu
ys d
own
to g
et th
e pr
ison
ers s
afel
y ba
ck to
our
bas
e.
Late
r, I h
ad to
sto
p m
y se
rgea
nt fr
om
abus
ing
them
dur
ing
ques
tioni
ng.
“Don
’t yo
u kn
ow a
nyth
ing
abou
t the
ru
les
of w
ar?”
I ye
lled.
He
glar
ed b
ack
at m
e. “I
was
just
tryi
ng to
sha
ke th
e tr
uth
out o
f her
”, he
sai
d. “T
hey
just
ke
ep ly
ing
and
not g
ivin
g us
one
pi
ece
of in
form
atio
n th
at w
e ne
ed.”
I kne
w th
at h
e w
as ri
ght.
We
need
ed
info
rmat
ion
from
them
, and
onc
e th
ey
wer
e se
nt o
ff to
the
pris
on c
amp,
the
oppo
rtun
ity to
get
it w
ould
be
gone
. W
e ha
d to
hav
e th
eir i
nfor
mat
ion.
The
qual
ms I
had
had
a fe
w m
inut
es b
efor
e va
nish
ed. “
Don
’t w
orry
”, I sa
id to
the
serg
eant
, “I’l
l get
the
info
rmat
ion.
”
I too
k th
e m
an o
ut b
ehin
d ou
r bu
ildin
g. H
e co
ntin
ued
his d
enia
ls.
So I
shou
ted,
“You
will
talk
or y
ou w
ill
die.”
I fir
ed a
shot
into
the
air a
nd th
en
had
him
hid
den
away
. The
n I t
ook
one
wom
an o
ut a
nd p
ress
ed m
y rifl
e m
uzzl
e to
her
fore
head
and
spok
e,
Your
bro
ther
refu
sed
to te
ll th
e tr
uth.
H
e lie
d an
d I k
illed
him
. Unl
ess y
ou te
ll th
e tr
uth,
I will
kill
you
too.
Whe
re a
re
your
frie
nds?
Whe
re d
o th
ey k
eep
th
eir w
eapo
ns?
She
clai
med
they
wer
e ju
st fi
shin
g an
d ha
d ru
n in
to th
e bu
nker
to
esca
pe fr
om th
e m
achi
ne-g
un fi
re.
Tear
s ra
n fr
om h
er e
yes
as s
he lo
oked
di
rect
ly in
to m
ine,
sw
earin
g th
at s
he
was
inno
cent
. Sud
denl
y, a
noth
er
switc
h w
ent o
ff in
side
of m
e.
We
had
caug
ht th
is w
oman
and
her
fr
iend
red-
hand
ed. G
uilt
was
writ
ten
all o
ver t
hem
– th
ey h
ad to
be
guilt
y!
But s
udde
nly
I was
n’t s
o su
re. L
ooki
ng
dow
n at
her
, wat
chin
g th
e te
ars r
oll
dow
n he
r che
eks,
I had
a g
reat
fear
th
at sh
e w
as te
lling
the
trut
h.
Sour
ce: D
avid
Don
ovan
, Onc
e a
War
rior K
ing:
M
emor
ies o
f an
Offi
cer i
n Vi
etna
m, M
cGra
w-H
ill,
New
Yor
k, 1
985.
Que
stio
n: A
s th
e lie
uten
ant,
wha
t wou
ld y
ou d
o?
PO
SSIB
LE P
OIN
TS O
F V
IEW
TO
CO
NSI
DER
:•
oneofth
eprison
ers
•thesergeantque
stioning
them
•asoldierw
hosefriend
waskilled
bycomba
tantswho
posed
ascivilians
•theen
emymilitarylead
ersba
ckath
eadq
uarters
Dilemma scenarioS.3B
Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL 24
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3B.5
In th
e ea
rly m
orni
ng, a
col
umn
of
tank
s an
d pe
rson
nel c
arrie
rs m
ade
its w
ay d
own
the
road
on
the
heav
ily
popu
late
d ou
tski
rts
of th
e ci
ty. O
ne
of th
e ta
nks
in th
e co
lum
n st
oppe
d to
as
sess
the
situ
atio
n th
ey h
ad ru
shed
in
to. I
t was
diffi
cult
to d
eter
min
e w
hat w
as h
appe
ning
out
side
, giv
en
the
roar
of t
he ta
nk’s
engi
ne a
nd th
e th
ick
laye
r of d
ust i
n th
e ai
r. A
sol
dier
du
cked
insi
de th
e tu
rret
of t
he ta
nk,
sayi
ng, “
I don
’t lik
e th
e w
ay th
is lo
oks.”
A
noth
er a
nnou
nced
that
he
had
just
hea
rd re
port
s of
lots
of g
uerr
illa
fight
ers
hidi
ng in
the
area
. Out
side
, pe
ople
wer
e da
rtin
g in
to p
ositi
ons
amon
g a
clus
ter o
f vill
age
hous
es.
They
wer
e cl
early
arm
ed b
ut w
ere
not fi
ring.
Insi
de th
e ta
nk, s
omeo
ne s
hout
ed to
op
en fi
re.
Sour
ce: D
wig
ht W
. Bird
wel
l, Ke
ith W
. Nol
an,
A H
undr
ed M
iles o
f Bad
Roa
d, 1
967-
68, P
resi
dio,
Sa
n Fr
anci
sco,
198
5.
Sho
uld
the
sold
ier o
pen
fire
on th
e vi
llage
?Q
uest
ion:
As
a so
ldie
r hea
ring
that
, wha
t wou
ld y
ou d
o?
PO
SSIB
LE P
OIN
TS O
F V
IEW
TO
CO
NSI
DER
:•
enem
ysoldiersin
thearea
•inha
bitantsofth
earea
•othe
rsoldiersinth
etank
•thesoldier’ssup
erioro
fficers
Dilemma scenarioS.3B
25Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3B.6
Dilemma worksheetSi
tuat
ion:
Prob
lem
:
Poss
ible
Act
ion:
Reas
ons
for c
hoos
ing
it:Re
ason
s fo
r not
cho
osin
g it:
Poss
ible
Act
ion:
Reas
ons
for c
hoos
ing
it:Re
ason
s fo
r not
cho
osin
g it:
Poss
ible
Act
ion:
Reas
ons
for c
hoos
ing
it:Re
ason
s fo
r not
cho
osin
g it:
The
acti
on w
e to
ok:
Reas
ons:
S.3B
Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL 26
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (1/2)3B.7
wha
t are
the
basi
c ru
les
of in
tern
atio
nal h
uman
itaria
n la
w?
D
ISTI
NCT
ION
Whe
n pl
anni
ng o
r ca
rryi
ng
out a
n at
tack
, dis
tinc
tion
m
ust b
e m
ade
bet
wee
n ci
vilia
ns a
nd c
omba
tant
s an
d b
etw
een
civi
lian
obje
cts
and
mili
tary
obj
ecti
ves.
1. A
ttac
king
civ
ilian
s is
pro
hibi
ted.
2. A
ttac
king
civ
ilian
obj
ects
(hou
ses,
hosp
itals
, sch
ools
, pla
ces
of
wor
ship
, cul
tura
l or h
isto
ric
mon
umen
ts, e
tc.)
is p
rohi
bite
d.
3. B
efor
e an
att
ack,
eve
ry p
ossi
ble
prec
autio
n m
ust b
e ta
ken
to
min
imiz
e th
e po
tent
ial h
arm
to
civi
lians
and
civ
ilian
obj
ects
.
4. T
he u
se o
f wea
pons
that
are
no
t abl
e to
dis
tingu
ish
betw
een
civi
lians
and
mili
tary
targ
ets
is
proh
ibite
d.
TR
EATM
ENT
Civi
lians
and
com
bata
nts
who
are
hor
s de
com
bat m
ust
be
prot
ecte
d an
d tr
eate
d hu
man
ely.
1. M
urde
r, to
rtur
e, a
nd c
ruel
or
deg
radi
ng tr
eatm
ent o
r pu
nish
men
t are
pro
hibi
ted.
2. S
exua
l vio
lenc
e is
pro
hibi
ted.
3. Fo
rced
dis
plac
emen
t of c
ivili
ans
is
proh
ibite
d.
4. S
tarv
ing
civi
lians
is p
rohi
bite
d.
5. U
sing
hum
an s
hiel
ds to
pro
tect
m
ilita
ry o
bjec
tives
is p
rohi
bite
d.
6. W
ound
ed, s
ick
or sh
ipw
reck
ed
enem
y co
mba
tant
s mus
t be
sear
ched
fo
r, co
llect
ed a
nd c
ared
for. T
here
sh
ould
be
no p
refe
rent
ial t
reat
men
t, ex
cept
on
med
ical
gro
unds
.
7. C
aptu
red
civi
lians
and
ene
my
com
bata
nts m
ust b
e gi
ven
adeq
uate
fo
od, w
ater
, clo
thin
g, sh
elte
r and
m
edic
al c
are
and
mus
t be
allo
wed
to
corr
espo
nd w
ith th
eir f
amili
es.
8. E
very
one
mus
t rec
eive
a fa
ir tr
ial.
SP
ECIF
IC P
ROTE
CTIO
N
Cert
ain
cate
gori
es o
f peo
ple
and
obje
cts
mus
t rec
eive
ad
diti
onal
pro
tect
ion.
1. R
ecru
iting
or u
sing
chi
ldre
n un
der
the
age
of 1
5 in
arm
ed c
onfli
ct is
pr
ohib
ited.
2. M
edic
al p
erso
nnel
and
faci
litie
s (h
ospi
tals
, clin
ics,
ambu
lanc
es, e
tc.)
as w
ell a
s re
ligio
us p
erso
nnel
mus
t be
resp
ecte
d an
d pr
otec
ted.
3. H
uman
itaria
n re
lief p
erso
nnel
, su
pplie
s an
d op
erat
ions
mus
t be
resp
ecte
d an
d pr
otec
ted.
4. C
ultu
ral p
rope
rty
mus
t be
resp
ecte
d an
d pr
otec
ted.
5. T
he s
peci
fic p
rote
ctio
n, h
ealth
an
d as
sist
ance
nee
ds o
f wom
en
affec
ted
by a
rmed
con
flict
mus
t be
resp
ecte
d.
W
EAPO
NS
AN
D T
ACT
ICS
The
onl
y le
giti
mat
e ob
ject
ive
of w
ar is
to w
eake
n th
e en
emy’
s m
ilita
ry fo
rces
.
1. T
he u
se o
f wea
pons
that
ca
use
unne
cess
ary
suffe
ring
is
proh
ibite
d.
2. Ta
king
hos
tage
s is
pro
hibi
ted.
3. K
illin
g or
wou
ndin
g a
surr
ende
ring
enem
y is
pro
hibi
ted.
4. O
rder
ing
or th
reat
enin
g th
at th
ere
shal
l be
no s
urvi
vors
is p
rohi
bite
d.
5. P
rete
ndin
g to
be
a ci
vilia
n w
hile
fig
htin
g is
pro
hibi
ted.
6. D
estr
oyin
g ob
ject
s ne
cess
ary
for
the
surv
ival
of c
ivili
ans
(food
stuff
s, fa
rmin
g ar
eas,
drin
king
wat
er
inst
alla
tions
, etc
.) is
pro
hibi
ted.
7. A
ttac
king
med
ical
and
relig
ious
pe
rson
nel a
nd o
bjec
ts la
wfu
lly
usin
g th
e re
d cr
oss/
red
cres
cent
/re
d cr
ysta
l em
blem
is p
rohi
bite
d.
8. M
isus
ing
the
red
cros
s/re
d cr
esce
nt/r
ed c
ryst
al e
mbl
em is
pr
ohib
ited.
S.3B
27Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (2/2)3B.7
wha
t are
the
basi
c ru
les
of in
tern
atio
nal h
uman
itaria
n la
w?
civi
lian:
any
per
son
who
is n
ot a
com
bata
nt
Whe
n ci
vilia
ns ta
ke a
dire
ct p
art i
n fig
htin
g, th
ey lo
se th
eir p
rote
ctio
n fr
om
atta
ck. (
Whe
n th
ere
is a
ny d
oubt
abo
ut a
per
son’
s st
atus
, he
or s
he s
hall
be
cons
ider
ed to
be
a ci
vilia
n.)
civi
lian
obje
ct: a
ny o
bjec
t tha
t is
not a
mili
tary
obj
ecti
ve
Whe
n a
civi
lian
obje
ct is
use
d in
sup
port
of m
ilita
ry a
ctio
n, it
bec
omes
a
legi
tim
ate
mili
tary
targ
et a
nd lo
ses
its
prot
ecti
on. (
Whe
n th
ere
is a
ny
doub
t abo
ut w
heth
er a
civ
ilian
obj
ect i
s in
fact
bei
ng u
sed
in s
uppo
rt o
f m
ilita
ry a
ctio
n, it
sha
ll be
con
side
red
to b
e a
civi
lian
obje
ct.)
com
bata
nt: m
embe
r of a
rmed
forc
es, m
embe
r of a
n ar
med
gro
up u
nder
the
orde
rs o
f a p
arty
to th
e co
nflic
t
mili
tary
obj
ecti
ve: o
bjec
t whi
ch b
y it
s na
ture
, loc
atio
n, p
urpo
se o
r use
m
akes
an
effe
ctiv
e co
ntri
buti
on to
mili
tary
act
ion
and
who
se d
estr
ucti
on
offe
rs a
def
inite
mili
tary
adv
anta
ge
hors
de
com
bat:
lite
rally
mea
ns ‘o
ut o
f the
figh
t’ an
d de
scri
bes
com
bata
nts
who
hav
e be
en c
aptu
red
or w
ound
ed o
r who
are
sic
k or
shi
pwre
cked
and
th
us a
re n
o lo
nger
in a
pos
itio
n to
figh
t
prin
cipl
e of
pro
por
tion
alit
y: th
e ex
pect
ed n
umbe
r of d
eath
s or
inju
ries
to
civ
ilian
s or
dam
age
to c
ivili
an o
bjec
ts m
ust n
ot b
e ex
cess
ive
com
pare
d to
the
anti
cipa
ted
mili
tary
adv
anta
ge
DEF
INIT
ION
S
S.3B
Exploring Humanitarian LawExPLORATION 3C: whO IS RESPONSIBLE FOR RESPECTING IhL?EHL 28
Mod
ule
3: T
he
law
in a
ctio
nIn Exploration 3A, students identified violations of international humanitarian law (IHL) and considered why combatants violate the law and how one violation may lead to another. Exploration 3B focused on dilemmas, which included the difficulty in distinguishing between civilians and combatants – and between civilian objects and military objectives – on the battlefield.
In Exploration 3C, students explore the responsibilities of various people for making sure that IHL is respected.
OBJECTIVES• tounderstandwhoisresponsibleformakingsurethattherulesofIHLarerespected• toidentifyhowthisresponsibilityisfulfilled
STUDENT3C RESOURCES
3C.1 WhoisresponsibleforrespectingIHL?
PREPARATION
In the Methodology Guide, review teaching methods 1 (Discussion), 2 (Brainstorming), 7 (Writing and reflecting) and 9 (Small groups).
TIME
One 45-minute session
3CExploration 3C: Who is responsible for respecting IHL?
29Exploring Humanitarian LawExPLORATION 3C: whO IS RESPONSIBLE FOR RESPECTING IhL?EHL
Mod
ule
3: T
he
law
in a
ctio
n1. ARE RULES ENOUGH? (5 minutes)Begin with brainstorming a list of ideas in response to the following question:
> What would help combatants follow the rules? [For example: knowledge of the rules, training in the rules, commanders who do not
give unlawful orders and who set a good example, logistical support for respecting the rules, knowledge that violations are prohibited and will be punished]
Then, for each idea in the list, ask them to say who they think is responsible for providing it.
2. RESPONSIBILITY FOR RESPECTING THE RULES (30 minutes)
Divide the class into three groups, and have students read and discuss “Who is responsible for respecting IHL?”.
STUDENT3C.1 RESOURCES
To help them, assign each group one of the following tasks:
• Listtheresponsibilitiesofcommandingofficers;• Listtheresponsibilitiesofsoldiers;• Listtheresponsibilitiesofgovernments.
Tell students to use the questions under each commanding officer’s statement to stimulate their discussions.
Reconvene the class to report on the groups’ findings.
Review the ideas they had before reading “Who is responsible for respecting IHL?”. Ask what they think now.
You might draw upon the following summary of some key points made by these three commanding officers.
Commanding officer 1: Failure to uphold the basic principles of IHL would hurt our cause and have serious consequences.
KEY CONCEPTSmeans and ends, credibility of a cause, self-interest, public opinion, image
Commanding officer 2: We have to take into account all the humanitarian issues when we draw up our operational orders during a war.
KEY CONCEPTSmilitary planning, prisoners, medical care for enemy wounded, compliance with the rules
Commanding officer 3: Commanders are responsible for seeing that the rules are obeyed, and that requires training and firm discipline.
KEY CONCEPTSimplementation, responsibility, training, discipline
3CThe exploration
Exploring Humanitarian LawExPLORATION 3C: whO IS RESPONSIBLE FOR RESPECTING IhL?EHL 30
Mod
ule
3: T
he
law
in a
ctio
nAsk students to share their views on the various discussion points brought up in the commanding officers’ statements.
Possible questions:
> Can you think of ways in which these commanding officers’ ideas might be applied to people’s behaviour in civilian life?
> Can you think of examples of good and bad leadership?> What if a soldier is given an order that violates IHL?
The last one is a complex question that will be taken up in later activities. Nevertheless, make sure students know that such orders are unlawful and that soldiers have an obligation not to follow any order that violates IHL.
3. CLOSE (10 minutes)Have students reflect on the following statements from commanders to generate a discussion:
Combat is a last resort. Without humanitarian law, there is no light in the tunnel.
Possible questions:
> What does he mean by “no light in the tunnel”? Why does it matter?
If you allow your enemy to lose with dignity, they do not feel that they have to fight to the last man. That is what the rules are about.
Possible question:
> How does allowing your enemy to lose with dignity contribute to the restoration of peace? Does this idea apply to quarrels or conflicts in everyday life? If so, how? If not, why not?
! KEY IDEAS
• ForIHLtoberespected,manypeoplehavedifferentresponsibilitiestofulfil;although a single person can violate IHL, it takes the combined efforts of government officials, commanding officers and individual soldiers to ensure that IHL is respected.
3CThe exploration
31Exploring Humanitarian LawExPLORATION 3C: whO IS RESPONSIBLE FOR RESPECTING IhL?EHL
Mod
ule
3: T
he
law
in a
ctio
nAN ESSAY Review what you have learned in Modules 2 and 3, and write a paragraph or essay in response to the following question:
> Why do governments and those fighting agree to respect the rules of international humanitarian law (IHL)?
A COMBATANT’S HANDBOOK Create a small handbook containing some of the basic rules of IHL that you think combatants should carry with them. Illustrate it with simple drawings.
3CExtension activities
Exploring Humanitarian LawExPLORATION 3C: whO IS RESPONSIBLE FOR RESPECTING IhL?EHL 32
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3C.1
S.3C
COM
MA
ND
ING
OFF
ICER
1
(EL
SALV
AD
OR)
We
taug
ht o
ur tr
oops
to u
phol
d th
ese
basic
prin
cipl
es a
nd to
ok
stric
t disc
iplin
ary
mea
sure
s aga
inst
th
ose
who
did
not
. We
knew
that
an
y fa
ilure
to d
o so
wou
ld h
urt o
ur
caus
e. If
I, a
s com
man
der,
mad
e su
ch a
mist
ake,
it w
ould
obv
ious
ly
have
serio
us co
nseq
uenc
es. W
e in
siste
d th
at a
ll ou
r tro
ops c
ompl
y w
ith th
e ru
les n
o m
atte
r how
di
fficu
lt th
e ci
rcum
stan
ces.
Que
stio
ns:
> H
ow c
ould
failu
re to
uph
old
IHL
hurt
a fi
ghte
r’s c
ause
?>
Can
the
‘end
s’ be
acc
epta
ble
whe
n th
e ‘m
eans
’ are
not
? W
hy o
r why
not
?>
Can
the
goal
s of
mili
tary
le
ader
s be
dis
cred
ited
by
thei
r sol
dier
s’ ac
tion
s?
The
prim
ary
resp
onsib
ility
for w
hat g
oes o
n du
ring
arm
ed co
nflic
t res
ts w
ith
com
bata
nts a
nd th
eir c
omm
andi
ng o
ffice
rs –
thos
e w
ho a
re d
oing
the
fight
ing.
Th
e m
ilitar
y is
resp
onsib
le fo
r mon
itorin
g re
spec
t for
the
rule
s of i
nter
natio
nal
hum
anita
rian
law
(IH
L) a
nd fo
r pun
ishin
g th
ose
who
vio
late
them
. Gov
ernm
ents
also
pl
ay a
n im
port
ant r
ole
in m
akin
g su
re th
at th
e ru
les o
f IH
L ar
e re
spec
ted.
They
are
requ
ired
to e
nsur
e th
at co
mba
tant
s and
civi
lians
alik
e ar
e fa
milia
r with
the
rule
s of
IHL
and
that
com
bata
nts r
ecei
ve th
e ap
prop
riate
trai
ning
. The
y m
ust a
lso e
nact
the
nece
ssar
y la
ws t
o pr
even
t vio
latio
ns o
f IH
L an
d to
pun
ish th
ose
who
do
viol
ate
IHL.
Refle
ct o
n th
e vi
ews o
f the
se c
omm
andi
ng o
ffice
rs fr
om th
ree
diffe
rent
co
ntin
ents
.
COM
MA
ND
ING
OFF
ICER
2
(JO
RDA
N)
Whe
n w
e go
into
bat
tle th
ere
is a
pape
r tha
t con
tain
s all t
he
oper
atio
nal o
rder
s. An
d w
e hav
e to
inclu
de a
ll asp
ects
rela
ted
to
hum
anita
rian
law
in o
ur o
rder
s. Th
at
inclu
des p
rison
ers o
f war
, for i
nsta
nce
– w
here
to ev
acua
te th
em to
, how
to
treat
them
, wha
t to
take
from
them
, ho
w to
evac
uate
the w
ound
ed, a
nd
so o
n. So
we h
ave a
ll the
se th
ings
in
our o
pera
tiona
l ord
ers.
Que
stio
ns:
> W
hy is
it im
port
ant t
hat
com
man
ding
offi
cers
incl
ude
hum
anit
aria
n re
quir
emen
ts
in th
eir p
lans
for m
ilita
ry
oper
atio
ns?
> W
hat a
re s
ome
exam
ples
of
suc
h hu
man
itar
ian
requ
irem
ents
?
who
is re
spon
sibl
e fo
r res
pect
ing
IhL?
COM
MA
ND
ING
OFF
ICER
3
(ZIM
BA
BWE)
Dur
ing
war
, the
peo
ple
who
are
resp
onsi
ble
for s
eein
g th
at th
e ru
les a
re
follo
wed
are
the
seni
or o
ffice
rs. T
hey
are
resp
onsi
ble
for s
eein
g th
at th
e ru
les
are
obse
rved
and
resp
ecte
d, b
y tr
aini
ng a
nd b
y fir
m d
isci
plin
e. T
he o
rdin
ary
sold
iers
, if t
hey
are
corr
ectly
trai
ned,
if th
eir m
oral
e is
hig
h, a
nd th
eir d
isci
plin
e is
goo
d –
yes,
they
will
kill
civ
ilian
s, be
caus
e th
at is
a fa
ct o
f life
in w
ar. B
ut, i
t is
the
cont
rol e
xerc
ised
by
juni
or o
ffice
rs th
at st
ops i
t fro
m tu
rnin
g in
to w
anto
n m
assa
cre.
If y
our c
omm
andi
ng o
ffice
rs d
o no
t und
erst
and
the
rule
s, if
they
do
not a
pply
the
rule
s, an
d do
not
insi
st o
n so
ldie
rs m
aint
aini
ng st
anda
rds w
ith
rega
rd to
thos
e ru
les,
you
have
not
hing
but
a ra
bble
on
the
batt
lefie
ld, l
ike
a pa
ck o
f wild
ani
mal
s.
The
best
com
man
ders
hav
e th
e be
st so
ldie
rs. I
t’s n
ot ‘t
he b
est s
oldi
ers h
ave
the
best
com
man
ders
.’ I ca
n gi
ve y
ou th
e be
st so
ldie
rs in
the
wor
ld a
nd y
ou
can
put a
blo
ody
fool
with
them
and
they
’ll b
e a
rabb
le in
a w
eek.
But
I can
pu
t a v
ery
good
com
man
der w
ith u
sele
ss so
ldie
rs a
nd th
ey w
ill st
art
impr
ovin
g w
ithin
a d
ay.
Que
stio
ns:
> W
hat a
re h
is re
ason
s fo
r say
ing
that
trai
ning
and
firm
dis
cipl
ine
are
need
ed?
> W
hy is
the
beha
viou
r of c
omm
andi
ng o
ffice
rs im
port
ant?
33Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
3DExploration 3D: A case study:My Lai – What went wrong? What went right?
Exploration 3C introduced the subject of respect for international humanitarian law (IHL) during combat.
Exploration 3D presents a historical instance of soldiers committing a series of serious violations of IHL. Students examine this episode in the light of what they have learned in the preceding explorations. They trace
what went wrong and what went right in applying the rules of IHL in this particular case. They study the various factors that may have played a part in the incident, the dilemmas the soldiers faced and their different responses to them.
OBJECTIVES• tolearnaboutsomeofthefactorsthatcouldleadtoseriousviolationsofIHL• toidentifyarangeofdilemmassoldiersmayfaceinmakingthe‘right’choiceonthebattlefield• torecognizethedifferingresponsibilitiesofcommandingofficersandordinarysoldiersforviolationsofIHL
STUDENT3D RESOURCES
3D.1 AttackonMyLai–Background3D.2 Profilecards3D.3 ImmediatechainofcommandatMyLai3D.4 Pocketcard3D.5 WhathappenedatMyLai3D.6 Videoandtranscript:What we did at
My Lai(18’) DVD
3D.7 Whathappenedcards3D.8 Whatshouldhappennext?3D.9 Alettertorevealthetruth3D.10Dilemmascenario:Therewasnomercy
PREPARATION
Prepare enough copies of the “Profile cards” and “What happened cards” so that each student has a pair of matching cards.
In the Methodology Guide review teaching methods 1 (Discussion), 3 (“No easy answers”), 4 (Using dilemmas), 6 (Using stories, photos and videos), 7 (Writing and reflecting) and 10 (Gathering stories and news) and workshop 7 (“Using case studies: My Lai: What went wrong? What went right?”).
TIME
Three 45-minute sessions
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 34
Mod
ule
3: T
he
law
in a
ctio
n
3D1. BEING THERE (15 minutes)Explain to students that this case study takes them back to 1968, to the thick of the war in Viet Nam.
Present “Attack on My Lai – Background,” and then conduct a discussion on it. STUDENT3D.1 RESOURCES
Possible questions:
> At this point, what do you know about the soldiers in Charlie Company?> What do you know about their assignment for the next day?> What might have been these soldiers’ thoughts and feelings as they listened to the
plans for the next day? Why?
Give every student one of the twelve “Profile cards” so that each of them can learn something about one of the soldiers described and his feelings on the night of 15 March in 1968. (Use “Immediate chain of command at My Lai” to help students understand the references in their “Profile cards.”)
STUDENT3D.2 RESOURCES
STUDENT3D.3 RESOURCES
2. HOW THE SOLDIERS PREPARED (30 minutes)
Ask students to think about the night before the attack from the perspective of the soldiers on their “Profile cards.”
STUDENT3D.2 RESOURCES
Give them time to explore their sense of the situation in which these soldiers found themselves and to write down their responses to the two questions at the end of their cards.
Then have each student discuss his or her ideas with a partner who has the same “Profile card.”
After about ten minutes, conduct a discussion on the soldiers’ thoughts on the night before the attack on My Lai.
Present the “Pocket card” that was given to all American soldiers in Viet Nam, and discuss its content and purpose.
STUDENT3D.4 RESOURCES
Possible questions:
> How does this card relate to what soldiers will do the next day?> What other guidance do you think soldiers should have been given regarding their
behaviour in combat?
The exploration
35Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
3D3. HOW THE SOLDIERS COPED (55 minutes)
Have students read “What happened at My Lai.”
Then present the video What we did at My Lai. STUDENT
3D.5 RESOURCES
STUDENT3D.6 RESOURCES
The video shows what happened at My Lai through the recollections of eight of the soldiers who were involved. Students will learn about how these soldiers regarded civilians, the impact on them of the orders they were given, the loss of self-control and the choices that the soldiers made. They will also hear how the soldiers were trained for combat (accompanied by pictures of soldiers being trained some 30 years later).
After the viewing, explore what happened at My Lai and students’ reactions to it.
NOTE
The video presents five themes. During each segment (theme), the participants reflect on what happened and their involvement in related events. (In the transcript, these five segments are marked by a row of dots.)
1. training, (voice of Hodges)2. us, the enemy, and determining who the enemy is (Widmer, Bernhardt, Simpson)3. loss of self-control, moral confusion, meaning of orders (Bernhardt, Hodges, Widmer)4. choices soldiers made (Simpson, Widmer, Hodges, Stanley, Haeberle)5. bystanders (Thompson, Colburn, Haeberle)
Discuss:
• theenormityofthetragedyforthevictims;• thesoldiers’stateofmindpriortotheoperationon16March;• thefactorsinfluencingthesoldiers’behaviour;• thedifficultiesindistinguishingbetweencombatantsandcivilians;• theresponsibilitiesofcommandingofficers;• theresponsibilitiesofordinarysoldiersfortheirownactions;• howIHLandtheinstructionsonthe“Pocketcard”relatetotheoperationatMyLai(itsplanninganditsexecution);
• theeffectofthetragedyonthesoldiersthemselves.
NOTE
If time allows, replay some segments for discussion. The transcript can be useful for reviewing what the men said about their experiences at My Lai.
Distribute the “What happened cards.” Each student should receive the card that matches the “Profile card” that he or she was given earlier.
STUDENT3D.7 RESOURCES
Ask them to compare their answers to the questions on the “Profile cards” with what they now know from the video and the “What happened cards.”
The exploration
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 36
Mod
ule
3: T
he
law
in a
ctio
n
3DPossible questions:
> Why do you think these soldiers did these terrible things? [For example, lack of proper military training in IHL, perceptions of the enemy, obeying
orders, prior experiences as victims, peer pressure, thinking that ‘the end justifies the means,’ the information they were given that My Lai was a Viet Cong (VC) stronghold, assuming that VC mingled with civilians]
> Why did some soldiers refuse to take part in the massacre?> What difference, positive or negative, could a bystander make?> Why is obedience important while fighting a war?> Should soldiers follow even unlawful orders?> What do you think soldiers should do when they are uncertain whether the enemy
before them is a civilian or a combatant?> How might the soldiers have been affected by what they did at My Lai?> How can tragedies like this one be prevented?
There are only a few people who were in those circumstances who had the presence of mind and the strength of their own character to see themselves through those circumstances. Most didn’t – even people I knew. I was stunned to discover that they made the wrong choice. They have to live with it. So do I, so do we all.– Ron Ridenhour, Viet Nam veteran
4. WHAT WENT WRONG? WHAT WENT RIGHT? (15 minutes)Have students tell the class what the soldiers on their cards did. Make a list of these actions and display it where all can see.
Then ask students to suggest which actions are examples of ‘what went right’ and which represent ‘what went wrong.’ Mark the former with + signs and the latter with – signs. Have students give reasons for their opinions.
The most fundamental problem we must address when dealing with any war crime is the profound fear of death that soldiers experience. In order to overcome fear during war, people tend to rely upon violence, which in turn degrades their morals and manifests itself as an outbreak of brutality.– Professor Yuki Tanaka, Hiroshima Peace Institute
5. WHAT SHOULD HAPPEN NEXT? (15 minutes)
Ask students to read “What should happen next?” and to think about what the soldiers on their cards thought and felt on the night of 16 March 1968. Then have them write down their responses to the question on their “What happened cards.”
STUDENT3D.8 RESOURCES
STUDENT3D.7 RESOURCES
Discuss:
• whatstudentswrotedown;• whattheythinksoldiersandcommandingofficersshoulddoandwhy;• whattheythinkabouttheresponsibilityofasoldierwhofollowsunlawfulorders;• whattheythinkabouttheresponsibilityofacommandingofficerwhogives
unlawfulorders;• whattheythinkabouttheresponsibilityofacommandingofficerwhoknewor
should have known that atrocities would be committed but failed to prevent them.
The exploration
37Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
3D6. CLOSE (5 minutes)
Present “A letter to reveal the truth,” and discuss the role of outsiders in uncovering the truth and in determining who was responsible and for what.
STUDENT3D.9 RESOURCES
Possible questions:
> Who is responsible for reporting violations of IHL?> Why did Ron Ridenhour, a soldier who wasn’t even at My Lai, do what he did?
Our generals, I obey when their command is righteous, but when evil, I shall not obey, and here, as in Troy, I shall show my nature free to fight my enemy with honour.– the Greek hero Achilles, in Euripides’s Iphigeneia in Aulis
! KEY IDEAS
• Distinguishingbetweenciviliansandmilitarytargetsisfundamental in implementing IHL.
• Commandersmustnotgive,andordinarysoldiersmustnotobey, unlawful orders.
• RespectingandensuringrespectforIHListheobligationofallthose involved in fighting.
The exploration
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 38
Mod
ule
3: T
he
law
in a
ctio
n
3DPSYCHOLOGY OF ATROCITIESChoose an incident from history. Read American psychiatrist William Gault’s analysis of the various perceptions and factors that may lead to the commission of atrocities, and then apply it to the incident you chose.
1. The enemy is everywhere (Overwrought soldiers see threats looming everywhere around them.)
2. The enemy is not human (Using derogatory terms for the enemy reflects this tendency to dehumanize them.)
3. No personal responsibility (Being part of a unit and following orders can mean shared responsibility is no
one’s responsibility.)
4. Pressure to act (Combat units that not fight become restless especially when mines and
snipers cause casualties. The frantic soldier is driven to mindless revenge.)
5. The urge to dominate in violent personalities (Brutal war suits the character of such men, where their actions are often
admired and they gain leadership.)
6. Firepower (The lightweight M-16 shoots ten bullets a second. A terrified or angry soldier
can just point his rifle in the enemy’s general direction and open up a torrent of destruction.)
– William Gault, Some Remarks on Slaughter
WHO IS GUILTY? A DEBATEPrepare for and take part in a debate on the following proposition:
People who do not speak out when they know that a war crime has been committed are accomplices in the crime.
RESEARCHFind examples of atrocities that have been committed in your country, or by members of the armed forces of your country or by other armed groups.
If such examples are not available, search for them in the history of another country. Write a report comparing what you have discovered with what happened at My Lai.
Extension activities
39Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
3DENFORCEMENT DILEMMAS
With a partner or in a small group, work on the dilemma scenario “There was no mercy.”
STUDENT3D.10 RESOURCES
Complete Part A before reading Part B. Before making your decision, consider each point of view, the various kinds of pressure affecting the situation and the possible consequences – both immediate and long-term.
Then read Part B, and respond to the question at the end.
DILEMMA: RESPONSIBILITY FOR ACTS COMMITTED UNDER PRESSURE OR ORDERSWrite about your experience, or exchange stories with a classmate about the following questions:
> Have you ever been asked to do something you felt was wrong, but you did it anyway because you felt pressure? How did you feel afterwards, and what were the consequences of the actions taken?
OR
Find a news story where someone acted on orders from an authority, while knowing it was wrong to do so. Examine the chain of consequences from that event.
Extension activities
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 40
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3D.1
S.3DCh
arlie
Com
pany
(C C
ompa
ny) a
rriv
ed
in V
iet N
am in
Dec
embe
r 196
7. It
was
as
sign
ed to
Qua
ng N
gai P
rovi
nce,
w
hich
US
mili
tary
offi
cial
s con
side
red
to b
e a
Viet
Con
g (V
C) st
rong
hold
. Its
m
issi
on w
as to
rid
the
area
, inc
ludi
ng
the
villa
ge o
f My
Lai,
of th
e VC
. One
of
the
tact
ics e
mpl
oyed
by
the
VC w
as to
m
ingl
e w
ith c
ivili
ans.
The
120
men
of C
Com
pany
cam
e fr
om a
ll ov
er A
mer
ica.
The
ir av
erag
e ag
e w
as 2
0. T
heir
mili
tary
trai
ning
ha
d in
clud
ed o
ne h
our o
f ins
truc
tion
on th
e rig
hts
of p
rison
ers.
Each
so
ldie
r was
als
o gi
ven
a Po
cket
car
d th
at c
onta
ined
inst
ruct
ions
on
the
trea
tmen
t of p
rison
ers:
“The
ene
my
in y
our h
ands
.” In
the
thre
e m
onth
s si
nce
thei
r arr
ival
in V
iet N
am, fi
ve
mem
bers
of t
he c
ompa
ny h
ad b
een
kille
d an
d 28
wou
nded
.
On
14 M
arch
196
8, a
boo
by-t
rap
kille
d a
popu
lar s
erge
ant,
blin
ded
anot
her
sold
ier a
nd w
ound
ed se
vera
l oth
ers.
Feel
ings
of r
even
ge m
ust s
urel
y ha
ve
been
runn
ing
high
on
the
even
ing
of
15 M
arch
whe
n, fo
llow
ing
the
fune
ral
serv
ice,
the
com
man
ding
offi
cer o
f C
Com
pany
, Cap
t. Er
nest
Med
ina,
ga
ve th
e so
ldie
rs a
pep
talk
and
in
stru
ctio
ns fo
r the
nex
t day
’s m
issi
on.
The
com
pany
wou
ld b
e co
nduc
ting
alarge-scaleassault;theirjob
wasto
en
gage
the
VC’s
48th
Bat
talio
n an
d to
de
stro
y th
e vi
llage
of M
y La
i.
Exac
tly w
hat C
apt.
Med
ina
said
on
that
occ
asio
n ha
s be
en th
e su
bjec
t of
muc
h de
bate
. He
rem
embe
rs h
is
wor
ds li
ke th
is: “
I did
not
giv
e an
y in
stru
ctio
ns a
s to
wha
t to
do w
ith
wom
en a
nd c
hild
ren
in th
e vi
llage
.” So
me
of th
e so
ldie
rs a
gree
that
this
w
as th
e ca
se. O
ther
s ar
e co
nvin
ced
that
Med
ina
orde
red
them
to k
ill
ever
yone
in th
e vi
llage
.
Att
ack
on M
y La
i – B
ackg
roun
d
ANDA
MAN
SEA
SOUT
H
CH
INA
S
EA
LAOS
CAM
BODI
A
NORT
HVI
ET N
AM
CHIN
A
THAI
LAND
SOUT
HVI
ET N
AM
In 1
968
My L
ai
41Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
S.3D"
PRO
FILE
Mic
hael
Ber
nhar
dt
Bern
hard
t was
a 2
4-ye
ar-o
ld w
ho h
ad o
ne
of th
e m
ost d
ange
rous
jobs
in th
e ar
my.
He
was
a ‘t
unne
l rat
.’ The
ene
my
used
a s
yste
m o
f un
derg
roun
d tu
nnel
s to
mov
e a
lot o
f mat
eria
l. ‘T
unne
l rat
s’ w
ere
need
ed to
sea
rch
thes
e tu
nnel
s, w
hich
wer
e bo
oby-
trap
ped.
Alth
ough
he
had
enlis
ted
volu
ntar
ily, B
ernh
ardt
ha
d a
way
of q
uest
ioni
ng a
utho
rity
that
had
ca
used
run-
ins w
ith su
perio
rs. H
e w
as a
lso
fond
of
writ
ing
lett
ers o
f com
plai
nt to
US
Cong
ress
men
in
Was
hing
ton
abou
t wha
t was
wro
ng w
ith th
e U
S Ar
my.
In Ja
nuar
y an
d Fe
brua
ry, h
e ha
d be
com
e di
stur
bed
by h
ow h
e sa
w th
e m
en in
Cha
rlie
Com
pany
trea
ting
thei
r cap
tives
.
Bern
hard
t: W
hen
I saw
act
s tha
t wou
ld b
e ca
lled
atro
citie
s if s
omeb
ody
else
had
don
e th
em, I
bega
n to
thin
k th
at m
aybe
I was
wro
ng (.
..) m
aybe
that
this
is th
e w
ay th
ings
real
ly w
ere.
I trie
d no
t to
thin
k lik
e th
at. I
trie
d to
kee
p m
y ow
n va
lues
toge
ther
, but
it
was
not
eas
y. Li
ttle
by
little
, I be
gan
to se
e th
at th
is gr
oup
of m
en w
as g
ettin
g ou
t of c
ontr
ol.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
" P
ROFI
LE
Lieu
tena
nt W
illia
m C
alle
y Lt
Cal
ley
was
the
com
man
ding
offi
cer o
f Cha
rlie
Com
pany
’s 1s
t Pla
toon
. He
was
24
year
s ol
d an
d th
e so
ldie
rs u
nder
his
com
man
d re
ferr
ed to
him
as
“as
a ki
d tr
ying
to p
lay
war
.” His
att
itude
tow
ards
th
e Vi
etna
mes
e w
as s
umm
ed u
p by
a s
oldi
er w
ho
said
that
if C
alle
y’s
men
“wan
ted
to d
o so
met
hing
w
rong
, it w
as a
ll rig
ht w
ith h
im.”
He
rem
embe
red
Capt
. Med
ina’s
brie
fing
like
this
:
Calle
y: H
e sa
id it
was
com
plet
ely
esse
ntia
l tha
t at
no
time
[sho
uld]
we
lose
our
mom
entu
m o
f at
tack
, bec
ause
the
two
othe
r com
pani
es th
at h
ad
assa
ulte
d th
e tim
e in
ther
e be
fore
, had
let t
he e
nem
y be
hind
him
(...)
whi
ch w
ould
dis
orga
nize
him
whe
n he
mad
e th
e fin
al a
ssau
lt. (.
..) S
o it
was
our
job
this
tim
e to
go
thro
ugh,
neu
tral
ize
thes
e vi
llage
s by
dest
royi
ng e
very
thin
g in
them
, not
lett
ing
anyo
ne
get i
n be
hind
us..
.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
" P
ROFI
LE
Law
renc
e Co
lbur
n Co
lbur
n dr
oppe
d ou
t of s
choo
l at t
he a
ge o
f 17
to jo
in th
e ar
my.
A y
ear l
ater
, he
beca
me
door
- gu
nner
on
a he
licop
ter.
He
serv
ed in
the
123r
d Av
iatio
n Ba
ttal
ion.
On
16 M
arch
196
8, h
is jo
b w
as
to p
rovi
de a
ir su
ppor
t for
the
grou
nd tr
oops
as
they
ent
ered
the
villa
ge o
f My
Lai.
Que
stio
ns:
> W
hat m
ight
he
be e
xpec
ting
to s
ee th
e ne
xt d
ay?
> W
hat d
o yo
u th
ink
he w
ill d
o w
hen
faci
ng v
illag
ers
at M
y La
i?
STUDENTRESOURCE (1/4)3D.2
Pro
file
card
s
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 42
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (2/4)3D.2
" P
ROFI
LE
Serg
eant
Ron
Hae
berl
e Sg
t Hae
berle
was
an
arm
y ph
otog
raph
er, p
art o
f a
two-
man
team
sen
t in
to c
over
the
oper
atio
n fo
r the
arm
y’s
new
spap
er. T
he te
am’s
job
was
to
prov
ide
stor
ies
and
phot
os a
bout
the
war
that
w
ould
be
sent
to n
ewsp
aper
s ba
ck in
the
Uni
ted
Stat
es. H
e ca
rrie
d a
rifle
and
two
cam
eras
– th
e ca
mer
a is
sued
by
the
arm
y an
d hi
s ow
n ca
mer
a,
with
whi
ch h
e to
ok p
hoto
s fo
r him
self.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
do
and
see
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
" P
ROFI
LE
Colo
nel O
ran
Hen
ders
on
Col.
Hen
ders
on h
ad s
erve
d ov
er 2
5 ye
ars
in th
e ar
my
and
hope
d to
bec
ome
a ge
nera
l. D
espi
te
neve
r hav
ing
take
n pa
rt in
act
ive
com
bat,
he
had
rece
ntly
bee
n pu
t in
char
ge o
f the
11t
h In
fant
ry B
rigad
e an
d th
ree
othe
r inf
antr
y br
igad
es
(3,5
00 tr
oops
in a
ll). M
y La
i was
his
firs
t com
bat
oper
atio
n. M
ajor
-Gen
eral
Sam
uel W
. Kos
ter,
who
app
oint
ed h
im a
nd to
who
m h
e re
port
ed,
desc
ribed
him
like
this
: “A
bra
ve in
divi
dual
and
, I
thou
ght,
a fa
irly
stro
ng le
ader
. I w
asn’
t sur
e th
at h
e w
as n
eces
saril
y th
e m
ost i
ntel
ligen
t of t
he p
eopl
e I h
ad c
omm
andi
ng th
e br
igad
es.” O
n 16
Mar
ch,
he w
ould
be
in c
onst
ant r
adio
con
tact
with
the
oper
atio
n fr
om h
is p
ost a
t the
bas
e.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
if he
rece
ives
re
port
s of h
is m
en k
illin
g vi
llage
rs?
" P
ROFI
LE
Robe
rt M
aple
s Pr
ivat
e M
aple
s w
as 1
9, a
mac
hine
-gun
ner i
n Ch
arlie
Com
pany
. He
was
a q
uiet
man
who
had
jo
ined
the
arm
y ou
t of c
urio
sity
abo
ut V
iet N
am.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
Pro
file
card
sS.3D
43Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (3/4)3D.2
" P
ROFI
LE
Serg
eant
Ken
neth
Hod
ges
Sgt H
odge
s w
as p
roud
of t
he m
en o
f Cha
rlie
Com
pany
, who
m h
e ha
d he
lped
trai
n be
fore
th
ey w
ent t
o Vi
et N
am. A
s a
serg
eant
, he
wou
ld
com
man
d a
smal
l gro
up o
f the
m d
urin
g th
e in
cide
nt a
t My
Lai.
Hod
ges:
The
unde
rsta
ndin
g of
the
orde
r tha
t was
gi
ven
was
to k
ill e
very
body
in th
e vi
llage
. Som
eone
as
ked
if th
at m
eant
the
wom
en a
nd ch
ildre
n, a
nd
the
orde
r was
‘eve
ryon
e in
the
villa
ge,’ b
ecau
se
thos
e pe
ople
that
wer
e in
the
villa
ge –
the
wom
en,
the
kids
, the
old
men
– w
ere
Viet
Con
g or
they
w
ere
sym
path
etic
to th
e Vi
et C
ong.
The
y wer
e no
t sy
mpa
thet
ic to
the
Sout
h Vi
etna
mes
e ar
my,
and
they
w
eren
’t sy
mpa
thet
ic to
the
Amer
ican
s. Th
ey w
ere
not
help
ing
us in
the
war
effo
rt. It
was
qui
te cl
ear t
hat n
o on
e w
as to
be
spar
ed in
that
vill
age.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
" P
ROFI
LE
Har
ry S
tanl
ey
Stan
ley
was
an
amm
uniti
on c
arrie
r and
gre
nade
la
unch
er in
Cha
rlie
Com
pany
. Har
ry a
nd h
is e
ight
br
othe
rs a
nd s
iste
rs h
ad b
een
brou
ght u
p by
a
mot
her w
ho b
elie
ved
in w
orki
ng h
ard,
goi
ng
to s
choo
l and
att
endi
ng c
hurc
h on
Sun
days
. He
taug
ht h
imse
lf to
spe
ak V
ietn
ames
e an
d ca
me
to
know
the
lang
uage
bet
ter t
han
thos
e w
ho h
ad
been
trai
ned
in it
by
the
mili
tary
.
Stan
ley:
All
my
mot
her’s
chi
ldre
n ha
d to
bel
ieve
that
ev
eryb
ody’s
equ
al b
ecau
se th
at’s
wha
t she
bel
ieve
d.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
" P
ROFI
LE
Capt
ain
Erne
st M
edin
a Th
e co
mm
andi
ng o
ffice
r of C
harli
e Co
mpa
ny, 3
2-ye
ar-o
ld C
apt.
Med
ina
was
pop
ular
with
his
men
. H
e w
as a
car
eer s
oldi
er w
ho h
ad jo
ined
the
arm
y at
16
by ly
ing
abou
t his
age
. He
addr
esse
d th
e co
mpa
ny o
n th
e ni
ght b
efor
e th
e at
tack
on
My
Lai.
Med
ina:
I also
told
them
that
(...)
we
had
auth
oriz
atio
n to
des
troy t
he v
illag
e, th
ey co
uld
burn
the
build
ings
, th
ey co
uld
dest
roy t
he liv
esto
ck a
nd th
ey co
uld
dest
roy
the
food
crop
s, an
d th
at th
ey co
uld
clos
e th
e w
ells
that
su
pplie
d th
e dr
inki
ng w
ater
. I al
so to
ld th
em th
at th
is w
as to
be
our c
hanc
e to
get
eve
n w
ith th
e 48
th V
iet
Cong
Bat
talio
n th
at h
ad b
een
(...)
plac
ing
min
es a
nd
boob
y-tra
ps in
our
are
a of
ope
ratio
ns, t
he o
nes t
hat
wer
e sh
ootin
g at
us (
...) a
nd th
is w
ould
be
our c
hanc
e to
get
eve
n w
ith th
em a
nd to
go
in a
nd fa
ce th
em a
nd
do b
attle
with
them
.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
Pro
file
card
sS.3D
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 44
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (4/4)3D.2
" P
ROFI
LE
Varn
ado
Sim
pson
Si
mps
on w
as 2
2 w
hen
he w
ent t
o Vi
et N
am to
se
rve
as a
sol
dier
in C
harli
e Co
mpa
ny.
Sim
pson
: I w
as a
rifle
man
spec
ialis
t fou
rth
clas
s. I w
as tr
aine
d to
kill
but
the
real
ity o
f kill
ing
som
eone
is d
iffer
ent f
rom
trai
ning
and
pul
ling
the
trig
ger.
To u
s the
re w
ere
no c
ivili
ans.
They
wer
e VC
sy
mpa
thiz
ers.
You
don’
t cal
l the
m c
ivili
ans.
To u
s th
ey w
ere
VC. Y
ou d
on’t
have
any
alte
rnat
ives
. You
go
t to
do so
met
hing
. If t
hey
wer
e VC
and
they
got
aw
ay, t
hen
they
coul
d tu
rn a
roun
d an
d ki
ll yo
u.
You’
re ri
skin
g yo
ur li
fe d
oing
that
wor
k.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
" P
ROFI
LE
War
rant
Offi
cer H
ugh
Thom
pson
A
t 25,
Tho
mps
on w
as a
car
eer s
oldi
er w
ho lo
ved
his
job
as a
hel
icop
ter p
ilot.
In 1
965,
he
had
sign
ed
up fo
r an
arm
y fli
ght p
rogr
amm
e to
hel
p in
the
war
in V
iet N
am. H
is h
elic
opte
r was
not
att
ache
d to
Cha
rlie
Com
pany
but
to th
e 12
3rd
Avia
tion
Batt
alio
n, w
hich
had
bee
n as
sign
ed to
circ
le
abov
e an
are
a be
lieve
d to
be
fille
d w
ith th
e Vi
et
Cong
’s 48
th B
atta
lion.
The
pla
n w
as fo
r the
se s
mal
l he
licop
ters
to lo
cate
the
enem
y by
dra
win
g th
eir
fire
and
to th
en g
et o
ut o
f the
way
for a
big
US
guns
hip
to a
ttac
k th
e Vi
et C
ong
from
the
air.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
see
the
ne
xt d
ay?
> W
hat d
o yo
u th
ink
he w
ill d
o w
hen
faci
ng v
illag
ers
at M
y La
i?
" P
ROFI
LE
Fred
Wid
mer
W
idm
er’s
assi
gnm
ent f
or 1
6 M
arch
was
to
acco
mpa
ny C
apt.
Med
ina
thro
ugho
ut th
e m
orni
ng
in M
y La
i as
his
radi
o op
erat
or. B
efor
e 16
Mar
ch,
Wid
mer
had
like
d to
spe
nd ti
me
with
Vie
tnam
ese
child
ren
in th
e su
rrou
ndin
g vi
llage
s.
Wid
mer
: Whe
n w
e w
ere
first
in th
e co
untr
y, w
e w
ould
go
to th
e vi
llage
s up
and
dow
n th
e hi
ghw
ay. Y
ou’d
pl
ay w
ith th
e ki
ds in
bet
wee
n pu
lling
gua
rd d
uty.
You
wou
ld a
lway
s tak
e th
em st
uff –
cand
y, po
p. Y
ou w
ould
ta
ke p
ictu
res w
ith th
em. G
Is [o
rdin
ary
sold
iers
] with
th
e ki
ds. Y
ou g
ot to
mee
t a lo
t of p
eopl
e. W
hen
we
star
ted
losin
g m
embe
rs o
f the
com
pany
, it w
as m
ostly
th
roug
h bo
oby-
traps
and
snip
ers.
We
neve
r rea
lly g
ot
into
a m
ain
com
bat w
here
you
coul
d se
e w
ho w
as
shoo
ting
at yo
u an
d yo
u co
uld
actu
ally
shoo
t bac
k.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
Pro
file
card
sS.3D
45Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3D.3
Imm
edia
te c
hain
of c
omm
and
at M
y La
iS.3D
US
ARM
YV
IET
NA
M
Char
lie C
ompa
nyCo
mm
andi
ng O
ffice
r:
Capt
ain
Erne
st M
edin
a
1ST P
LATO
ON
Com
man
ding
Offi
cer:
Li
eute
nant
Will
iam
Cal
ley
AM
ERIC
AL
DIV
ISIO
NCo
mm
andi
ng O
ffice
r:
Maj
or-G
ener
al S
amue
l W. K
oste
r
123RD
AV
IATI
ON
BATT
ALI
ON
11TH
INFA
NTR
Y BR
IGA
DE
Com
man
ding
Offi
cer:
Co
lone
l Ora
n H
ende
rson
" P
ROFI
LE
Varn
ado
Sim
pson
Si
mps
on w
as 2
2 w
hen
he w
ent t
o Vi
et N
am to
se
rve
as a
sol
dier
in C
harli
e Co
mpa
ny.
Sim
pson
: I w
as a
rifle
man
spec
ialis
t fou
rth
clas
s. I w
as tr
aine
d to
kill
but
the
real
ity o
f kill
ing
som
eone
is d
iffer
ent f
rom
trai
ning
and
pul
ling
the
trig
ger.
To u
s the
re w
ere
no c
ivili
ans.
They
wer
e VC
sy
mpa
thiz
ers.
You
don’
t cal
l the
m c
ivili
ans.
To u
s th
ey w
ere
VC. Y
ou d
on’t
have
any
alte
rnat
ives
. You
go
t to
do so
met
hing
. If t
hey
wer
e VC
and
they
got
aw
ay, t
hen
they
coul
d tu
rn a
roun
d an
d ki
ll yo
u.
You’
re ri
skin
g yo
ur li
fe d
oing
that
wor
k.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
" P
ROFI
LE
War
rant
Offi
cer H
ugh
Thom
pson
A
t 25,
Tho
mps
on w
as a
car
eer s
oldi
er w
ho lo
ved
his
job
as a
hel
icop
ter p
ilot.
In 1
965,
he
had
sign
ed
up fo
r an
arm
y fli
ght p
rogr
amm
e to
hel
p in
the
war
in V
iet N
am. H
is h
elic
opte
r was
not
att
ache
d to
Cha
rlie
Com
pany
but
to th
e 12
3rd
Avia
tion
Batt
alio
n, w
hich
had
bee
n as
sign
ed to
circ
le
abov
e an
are
a be
lieve
d to
be
fille
d w
ith th
e Vi
et
Cong
’s 48
th B
atta
lion.
The
pla
n w
as fo
r the
se s
mal
l he
licop
ters
to lo
cate
the
enem
y by
dra
win
g th
eir
fire
and
to th
en g
et o
ut o
f the
way
for a
big
US
guns
hip
to a
ttac
k th
e Vi
et C
ong
from
the
air.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
see
the
ne
xt d
ay?
> W
hat d
o yo
u th
ink
he w
ill d
o w
hen
faci
ng v
illag
ers
at M
y La
i?
" P
ROFI
LE
Fred
Wid
mer
W
idm
er’s
assi
gnm
ent f
or 1
6 M
arch
was
to
acco
mpa
ny C
apt.
Med
ina
thro
ugho
ut th
e m
orni
ng
in M
y La
i as
his
radi
o op
erat
or. B
efor
e 16
Mar
ch,
Wid
mer
had
like
d to
spe
nd ti
me
with
Vie
tnam
ese
child
ren
in th
e su
rrou
ndin
g vi
llage
s.
Wid
mer
: Whe
n w
e w
ere
first
in th
e co
untr
y, w
e w
ould
go
to th
e vi
llage
s up
and
dow
n th
e hi
ghw
ay. Y
ou’d
pl
ay w
ith th
e ki
ds in
bet
wee
n pu
lling
gua
rd d
uty.
You
wou
ld a
lway
s tak
e th
em st
uff –
cand
y, po
p. Y
ou w
ould
ta
ke p
ictu
res w
ith th
em. G
Is [o
rdin
ary
sold
iers
] with
th
e ki
ds. Y
ou g
ot to
mee
t a lo
t of p
eopl
e. W
hen
we
star
ted
losin
g m
embe
rs o
f the
com
pany
, it w
as m
ostly
th
roug
h bo
oby-
traps
and
snip
ers.
We
neve
r rea
lly g
ot
into
a m
ain
com
bat w
here
you
coul
d se
e w
ho w
as
shoo
ting
at yo
u an
d yo
u co
uld
actu
ally
shoo
t bac
k.
Que
stio
ns:
> W
hat m
ight
he
expe
ct to
hap
pen
the
next
day
?>
Wha
t do
you
thin
k he
will
do
whe
n fa
cing
vill
ager
s at
My
Lai?
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 46
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3D.4
Poc
ket c
ard
The
enem
y in
you
r han
ds
As
a m
embe
r of t
he U
S M
ilita
ry F
orce
s, yo
u w
ill c
ompl
y w
ith th
e G
enev
a Pr
ison
er o
f War
Con
vent
ion
of 1
949
to w
hich
you
r cou
ntry
ad
here
s. U
nder
thes
e Co
nven
tions
:
You
can
and
will
:•D
isarmyou
rprison
er.
•Immed
iatelysearchhimth
orou
ghly.
•Req
uirehim
tobesilent.
•Seg
rega
tehim
from
otherprison
ers.
•Gua
rdhim
carefully.
•Takehimto
theplacede
sign
ated
byyo
urcom
man
der.
You
cann
ot a
nd m
ust n
ot:
•Mistreaty
ourp
rison
er.
•Hum
iliateordeg
rade
him
.•Takean
yofhispersona
leffe
ctsthatdono
thavesign
ificant
mili
tary
val
ue.
•Refusehimm
edicaltreatm
entifreq
uiredan
davailable.
ALW
AYS
TREA
T YO
UR
PRIS
ON
ER H
UM
AN
ELY.
Sour
ce: M
ilita
ry A
ssist
ance
Com
man
d, V
ietn
am (M
ACV)
Poc
ket C
ard.
DIS
TRIB
UTI
ON
– o
ne to
eac
h m
embe
r of
the
Uni
ted
Stat
es A
rmed
For
ces i
n Vi
et N
am (S
epte
mbe
r 196
7)
S.3D
47Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3D.5
As
daw
n br
oke
on 1
6 M
arch
196
8,
assa
ult h
elic
opte
rs p
eppe
red
the
grou
nd w
ith a
rtill
ery
fire
to c
lear
the
area
for o
ther
hel
icop
ters
car
ryin
g so
ldie
rs. B
y th
e tim
e th
e tr
oop
helic
opte
rs la
nded
, any
Vie
t Con
g (V
C) fi
ghte
rs in
the
vici
nity
had
pr
obab
ly le
ft. T
he s
oldi
ers
of C
harli
e Co
mpa
ny (C
Com
pany
) enc
ount
ered
no
opp
ositi
on o
n th
eir a
rriv
al.
At t
he la
ndin
g zo
ne, s
ome
sold
iers
, ca
tchi
ng s
ight
of V
ietn
ames
e ru
nnin
g aw
ay, o
pene
d fir
e on
them
. The
n,
tens
e an
d ex
pect
ing
to ru
n in
to
heav
y fir
e fr
om V
C po
sitio
ns, t
hey
lined
up
and
mov
ed in
to th
e vi
llage
. So
meo
ne p
oint
ed to
a s
pot w
here
he
had
seen
a V
iet C
ong.
A s
quad
lead
er,
Sgt D
avid
Mitc
hell,
sai
d, “S
hoot
him
,” an
d so
meb
ody
did.
Onc
e th
e ki
lling
had
beg
un, i
t es
cala
ted
quic
kly.
Whi
le s
ome
of th
e m
en re
fuse
d to
kill
una
rmed
and
un
resi
stin
g vi
llage
rs, o
ther
s jo
ined
in
whe
n th
ey s
aw th
eir f
ello
w s
oldi
ers
doin
g so
. In
less
than
four
hou
rs,
wel
l ove
r 500
una
rmed
vill
ager
s w
ere
slau
ghte
red
and
thei
r vill
age
com
plet
ely
dest
roye
d.
wha
t hap
pene
d at
My
Lai
S.3D
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 48
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (1/3)3D.6
Video transcriptN
arra
tor:
On
15 M
arch
, pla
ns w
ere
draw
n up
for a
n at
tack
on
My L
ai,
belie
ved
by In
telli
genc
e to
be th
e he
adqu
arte
rs o
f a V
iet C
ong
batta
lion.
Ch
arlie
Com
pany
was
to m
ount
the m
ain
atta
ck a
nd fi
erce
bat
tle w
as a
ntic
ipat
ed.
The
atta
ck o
n M
y La
i sta
rted
just
af
ter 7
o’cl
ock
in th
e m
orni
ng. I
t was
a
Satu
rday
. Acc
ordi
ng to
Inte
llige
nce,
all
civi
lians
wou
ld h
ave
gone
to m
arke
t. An
yone
still
in th
e vi
llage
wou
ld b
e Vi
et
Cong
. But
Inte
llige
nce
was
wro
ng.
Varn
ado
Sim
pson
, for
mer
rifle
man
–
Char
lie C
ompa
ny
This
is m
y lif
e; th
is is
my
past
; thi
s is m
y pr
esen
t; th
is is
my
futu
re. A
nd I k
eep
it to
rem
ind
me
that
this
is w
hat I
am
. Th
is is
wha
t mad
e m
e th
is w
ay.
Kenn
eth
Hod
ges,
form
er s
erge
ant
– Ch
arlie
Com
pany
The
tran
sitio
n fro
m c
ivili
an to
sold
ier
is a
ver
y di
stin
ct a
nd a
ver
y rig
orou
s tr
aini
ng. S
oldi
ers a
re ta
ught
all
the
thin
gs th
at th
ey n
eed
to k
now
abo
ut
bein
g a
good
sold
ier i
n th
ose
very
ear
ly
days
and
wee
ks in
bas
ic tr
aini
ng.
They
are
taug
ht h
ow to
use
wea
pons
, how
to
use
wea
pons
to ki
ll. Th
ey a
re ta
ught
ho
w to
dril
l. How
to m
arch
with
wea
pons
.
And
all o
f tho
se d
rills
and
diffe
rent
m
anoe
uvre
s are
carri
ed o
ut b
y ord
ers.
We
wan
ted
sold
iers
hig
hly m
otiv
ated
. Th
e tra
iner
’s w
ay o
f mot
ivat
ing
them
w
as to
hav
e a
com
man
d an
d re
spon
se
from
the
sold
iers
. He
wou
ld sa
y, ‘W
hat
is th
e sp
irit o
f the
bay
onet
?’ an
d ge
t the
re
ply,
‘To
kill,
Ser
gean
t, to
kill
!’ So
sold
iers
w
ere
mot
ivat
ed a
long
thes
e lin
es. H
e w
ould
dril
l the
m in
to a
stat
e of
read
ines
s th
roug
h hi
s tal
king
and
thro
ugh
his
teac
hing
of w
hat t
he sp
irit w
as.
I was
one
of t
he se
rgea
nts w
ho tr
aine
d th
e m
en o
f Cha
rlie
Com
pany
. I w
as v
ery
plea
sed
with
the
way
they
turn
ed o
ut.
They
turn
ed o
ut to
be
very
goo
d so
ldie
rs.
Fred
Wid
mer
, for
mer
radi
o op
erat
or –
Cha
rlie
Com
pany
Whe
n w
e w
ere
first
in th
e co
untr
y, w
e w
ould
go
to th
e vi
llage
s up
and
dow
n th
e hi
ghw
ay. Y
ou’d
pla
y with
the
kids
in
betw
een
pulli
ng g
uard
dut
y. Yo
u w
ould
al
way
s tak
e th
em st
uff –
cand
y, po
p. Yo
u w
ould
take
pic
ture
s with
them
. GIs
with
th
e ki
ds. Y
ou g
ot to
mee
t a lo
t of p
eopl
e.
Mic
hael
Ber
nhar
dt, f
orm
er
‘tun
nel r
at’ –
Cha
rlie
Com
pany
Ther
e w
as n
o on
e el
se b
ut u
s. W
e w
ere
in th
is co
mpa
ny a
nd th
is pl
ace
all a
lone
. W
e ha
d a
com
pany
of m
en th
at a
ll cam
e fro
m o
ne co
untr
y, fro
m th
e sa
me
cultu
re
and
we
wer
e dr
oppe
d 10
,000
mile
s aw
ay
– an
d w
e fe
lt cl
ose
that
way
bec
ause
th
ere
was
nob
ody e
lse to
feel
clos
e to
.
Fred
Wid
mer
Whe
n w
e st
arte
d lo
sing
mem
bers
of t
he
com
pany
, it w
as m
ostly
thro
ugh
boob
y-
trap
s and
snip
ers.
We
neve
r rea
lly g
ot
into
a co
mba
t whe
re y
ou co
uld
see
who
was
shoo
ting
at y
ou a
nd y
ou
coul
d ac
tual
ly sh
oot b
ack,
one
-on-
one.
Bo
oby-
trap
s was
the
mai
n pr
oble
m.
Varn
ado
Sim
pson
I had
seen
the
enem
y, y
es, b
ut w
ho
is th
e en
emy?
Litt
le k
ids,
they
wou
ld
shoo
t you
or s
tab
you
in th
e ba
ck w
hen
you
star
ted
to w
alk
away
. Who
is th
e en
emy?
I can
’t di
stin
guis
h be
twee
n th
e en
emy
– th
e go
od a
nd th
e ba
d, a
ll of
th
em lo
ok th
e sa
me.
Tha
t’s th
e re
ason
th
e w
ar w
as so
diff
eren
t. It
was
n’t l
ike
Ger
man
s ove
r her
e or
Japa
nese
ove
r th
ere.
The
y al
l loo
k al
ike,
the
Nor
th a
nd
the
Sout
h. S
o ho
w ca
n yo
u te
ll?
Mic
hael
Ber
nhar
dtW
hen
I saw
Am
eric
an so
ldie
rs
com
mitt
ing
acts
that
wou
ld h
ave
been
calle
d at
roci
ties i
f som
ebod
y el
se
had
done
them
, I b
egan
to th
ink
that
m
aybe
I was
wro
ng –
that
may
be I
had
been
just
too
naiv
e al
l my
life
and
may
be th
at th
is is
the
way
thin
gs re
ally
w
ere.
I trie
d no
t to
thin
k lik
e th
at; I
trie
d to
kee
p m
y ow
n va
lues
toge
ther
, but
it
was
not
eas
y. L
ittle
by
little
, I b
egan
to
see
that
this
gro
up o
f men
was
get
ting
out o
f con
trol
.
Kenn
eth
Hod
ges
The u
nder
stan
ding
of t
he o
rder
that
w
as g
iven
was
to k
ill ev
eryb
ody i
n th
e vi
llage
. Som
eone
ask
ed if
that
mea
nt
the w
omen
and
child
ren,
and
the o
rder
w
as ‘e
very
one i
n th
e vill
age.’
Bec
ause
th
ose p
eopl
e tha
t wer
e in
the v
illag
e –
the w
omen
, the
kid
s, th
e old
men
–
wer
e Vie
t Con
g th
emse
lves
or t
hey w
ere
sym
path
etic
to th
e Vie
t Con
g. T
hey w
ere
not s
ympa
thet
ic to
the S
outh
Vie
tnam
ese
arm
y and
they
wer
en’t
sym
path
etic
to
the A
mer
icans
. The
y wer
e not
giv
ing
us
any a
ssist
ance
; the
y wer
e not
hel
ping
us
in th
e war
effor
t wha
tsoe
ver.
wha
t we
did
at M
y La
iS.3D
49Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
Video transcript
STUDENTRESOURCE (2/3)3D.6
Fred
Wid
mer
My
unde
rsta
ndin
g w
as th
at w
e w
ere
goin
g in
, we
wer
e go
ing
to g
et in
to o
ne
hell
of a
figh
t, an
d w
e w
ere
goin
g to
ki
ck so
me
ass,
and
whe
n w
e go
t don
e,
ther
e w
asn’
t goi
ng to
be
anyb
ody
left
.
Varn
ado
Sim
pson
I was
19
whe
n I w
ent t
o Vi
et N
am, I
was
a
riflem
an sp
ecia
list f
ourt
h cl
ass.
I was
tr
aine
d to
kill
, but
the
real
ity o
f kill
ing
som
eone
is d
iffer
ent f
rom
trai
ning
and
pu
lling
the
trig
ger.
I did
n’t k
now
that
I was
goi
ng to
do
that
. I k
new
the
wom
en a
nd c
hild
ren
wer
e th
ere,
but
for m
e to
say
that
I was
go
ing
to k
ill th
em, I
did
n’t k
now
I was
go
ing
to d
o th
at u
ntil
it ha
ppen
ed. I
di
dn’t
know
I was
goi
ng to
kill
any
one.
I d
idn’
t wan
t to
kill
anyo
ne. I
was
n’t
rais
ed u
p to
kill
.
She
was
runn
ing
with
her
bac
k fro
m
a tre
e lin
e, b
ut sh
e w
as ca
rryi
ng
som
ethi
ng. I
didn
’t kn
ow if
it w
as a
w
eapo
n or
wha
t. I k
new
it w
as a
wom
an,
and
I did
n’t w
ant t
o sh
oot a
wom
an,
but I
was
giv
en a
n or
der t
o sh
oot.
So
I’m th
inki
ng th
at sh
e ha
d a
wea
pon
runn
ing,
so I s
hot.
Whe
n I t
urne
d he
r ov
er, it
was
a b
aby.
I sho
t her
abo
ut fo
ur
times
, and
the
bulle
ts ju
st w
ent t
hrou
gh
and
shot
the
baby
too.
And
I tur
ned
her
over
and
saw
that
the
baby
’s fa
ce w
as
half
gone
. I ju
st b
lank
ed. T
he tr
aini
ng
cam
e to
me,
the
prog
ram
min
g to
kill
, an
d I ju
st st
arte
d ki
lling
.
That
day
in M
y La
i I w
as p
erso
nally
re
spon
sibl
e fo
r kill
ing
betw
een
20 a
nd
25 p
eopl
e. I w
asn’
t the
onl
y on
e th
at
did
it. A
lot o
f peo
ple
wer
e do
ing
it, so
I j
ust f
ollo
wed
suit.
I jus
t los
t all
sens
e of
dire
ctio
n, o
f pur
pose
; I ju
st st
arte
d ki
lling
any
kin
d of
way
I cou
ld k
ill. I
di
dn’t
know
I had
it in
me,
but
afte
r I
kille
d th
at c
hild
, my
who
le m
ind
just
w
ent.
And
once
you
star
t, it
is v
ery
easy
to
kee
p on
. The
har
dest
par
t is t
o ki
ll;
but o
nce
you
kill,
it b
ecom
es e
asy
to k
ill
the
next
one
and
the
next
one
.
This
is m
y life
. Eve
n if
I don
’t op
en th
is sc
rapb
ook,
I see
it –
in m
y nig
htm
ares
–
even
if I d
on’t
open
this
book
, it’s
still
ther
e.
Fred
Wid
mer
The
mos
t dis
turb
ing
thin
g I s
aw w
as
one
boy
– an
d th
is is
wha
t hau
nts
me
– a
boy
with
his
arm
shot
off,
ha
lf ha
ngin
g on
, and
he
just
had
a
bew
ilder
ed lo
ok in
his
face
like
, ‘W
hat
did
I do,
wha
t’s w
rong
?’ It’
s har
d to
de
scrib
e –
he co
uldn
’t co
mpr
ehen
d.
I sho
t the
boy
, kill
ed h
im. I
’d li
ke to
th
ink
of it
as a
mer
cy k
illin
g, b
ecau
se
som
eone
els
e w
ould
hav
e do
ne it
in th
e en
d. B
ut it
was
n’t r
ight
.
Kenn
eth
Hod
ges
As a
pro
fess
iona
l sol
dier
, I h
ad b
een
taug
ht to
carr
y ou
t the
ord
ers,
and
at
no ti
me
had
it ev
er c
ross
ed m
y m
ind
to d
isob
ey o
r to
refu
se to
carr
y ou
t an
orde
r tha
t was
issu
ed b
y m
y su
perio
rs.
If on
e of
my
men
had
refu
sed
to sh
oot,
I shu
dder
to th
ink
wha
t wou
ld h
ave
been
the
repe
rcus
sion
s. It’
s har
d to
say
now
wha
t I w
ould
hav
e do
ne. A
t the
tim
e, h
e w
ould
hav
e be
en in
serio
us
trou
ble.
He
coul
d ha
ve fa
ced
cour
t-m
artia
l; he
coul
d ha
ve b
een
shot
on
the
spot
for r
efus
ing
an o
rder
in fa
ce o
f th
e en
emy,
in fa
ce o
f hos
tile
fire.
At t
he
time
we
did
not r
ealiz
e th
at th
ere
was
no
hos
tile
fire
– at
the
time.
I fee
l tha
t the
se so
ldie
rs w
ere a
ble t
o ca
rry
out t
he a
ssig
ned
task
, the
ord
ers (
that
m
eant
killi
ng sm
all k
ids,
killi
ng w
omen
) be
caus
e the
y wer
e sol
dier
s. Th
ey w
ere
train
ed th
at w
ay; t
hey w
ere t
rain
ed th
at
whe
n yo
u ge
t int
o co
mba
t, it’
s eith
er yo
u or
the e
nem
y. Th
e peo
ple t
hat w
ere i
n th
at
villa
ge –
the w
omen
, the
little
kids
, the
old
m
en –
wer
e all c
onsid
ered
the e
nem
y.
I fee
l tha
t we
carr
ied
out t
he o
rder
s in
a m
oral
fash
ion
– th
e or
ders
of
dest
royi
ng th
e vi
llage
, of k
illin
g th
e pe
ople
in th
e vi
llage
. I fe
el th
at w
e di
d no
t vio
late
any
mor
al st
anda
rds.
Har
ry S
tanl
ey, f
orm
er G
I –
Char
lie C
ompa
nyLi
eute
nant
Cal
ley
orde
red
cert
ain
peop
le to
shoo
t the
se p
eopl
e, a
nd I w
as
one
of th
em. I
refu
sed,
and
he
told
me
that
he
was
goi
ng to
hav
e m
e co
urt-
mar
tialle
d [t
ried
by m
ilita
ry tr
ibun
al]
whe
n w
e go
t bac
k to
bas
e ca
mp.
I tol
d hi
m w
hat w
as o
n m
y m
ind
at th
e tim
e:
‘Ord
erin
g m
e to
shoo
t dow
n in
noce
nt
peop
le –
that
is n
ot a
n or
der;
that
is
craz
ines
s to
me.
And
so I d
on’t
feel
that
I h
ave
to o
bey
that
. And
if y
ou w
ant t
o co
urt-
mar
tial m
e, y
ou d
o th
at. I
f you
ca
n ge
t aw
ay w
ith it
.’
I fel
t tha
t it w
as h
orrib
le, j
ust a
terr
ible
th
ing
to b
e go
ing
on, a
nd A
mer
ican
bo
ys d
oing
this.
I fee
l lik
e I’m
a re
d-bl
oode
d Am
eric
an b
oy ju
st li
ke a
ny o
f th
e re
st o
f the
guy
s tha
t wer
e th
ere.
I’m
talk
ing
abou
t bla
ck o
r whi
te –
bla
ck
and
whi
te g
uys d
oing
this,
it d
idn’
t m
ake
any
diffe
renc
e. It
just
seem
ed li
ke
a ho
rrib
le th
ing.
wha
t we
did
at M
y La
iS.3D
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 50
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (3/3)3D.6
We
all c
ame
from
the
sam
e pl
ace
and
I kn
ow th
at th
ey a
ll ha
d th
e sa
me
valu
es
that
I had
som
ewhe
re a
long
the
line.
If
they
did
n’t g
et it
from
scho
ol, y
ou
coul
d pi
ck it
up
from
a st
rang
er! I
t’s ju
st
sim
ple.
But
to g
o an
d do
som
ethi
ng li
ke
this
! It’s
just
imm
oral
to m
e. T
hat i
s jus
t th
e w
ay I f
eel a
bout
it.
Ron
Hae
berl
e, fo
rmer
US
A
rmy
phot
ogra
pher
I hap
pene
d up
on a
gro
up o
f GIs
su
rrou
ndin
g th
ese
peop
le. O
ne o
f the
Am
eric
an G
Is y
elle
d ou
t, ‘H
ey, h
e ha
s a
cam
era!
’ So
they
kin
d of
all
disp
erse
d ju
st a
litt
le b
it. A
nd I c
ame
up, a
nd I
notic
e on
e gi
rl is
kin
d of
fran
tic a
nd a
w
oman
is tr
ying
to p
rote
ct th
e sm
all
child
. And
an
olde
r wom
an in
fron
t is
ple
adin
g, b
eggi
ng, a
nd th
e ot
her
pers
on w
as b
utto
ning
her
blo
use
and
hold
ing
a sm
all b
aby.
I too
k th
e ph
oto.
I th
ough
t the
y w
ere
goin
g to
que
stio
n th
e pe
ople
. Bu
t jus
t as s
oon
as I
wal
ked
away
, I
hear
d fir
ing.
I lo
oked
aro
und,
ove
r my
shou
lder
, and
I sa
w th
e pe
ople
dro
p. I
just
kep
t on
wal
king
.
Hug
h Th
omps
on, f
orm
er A
eros
cout
he
licop
ter p
ilot
Dur
ing
the
mis
sion
, as i
t was
goi
ng
on, w
e st
arte
d se
eing
a lo
t of b
odie
s. It
didn
’t ad
d up
– h
ow a
ll th
ose
peop
le
wer
e ge
ttin
g ki
lled
and
wou
nded
and
w
e w
eren
’t re
ceiv
ing
any
enem
y fir
e. It
di
dn’t
mak
e se
nse;
ther
e w
ere
too
man
y ca
sual
ties t
here
. And
the
loca
tions
th
ey w
ere
in –
art
iller
y co
uldn
’t do
this,
be
caus
e th
ere
wer
e bo
dies
in p
lace
s th
at a
rtill
ery d
idn’
t hit.
Law
renc
e Co
lbur
n, fo
rmer
he
licop
ter d
oor-
gunn
er
War
rant
Offi
cer T
hom
pson
was
de
sper
ate
to g
et th
ese
civi
lians
, wha
t he
bel
ieve
d to
be
civi
lians
, out
of t
his
bunk
er a
nd in
to a
safe
are
a. H
e ha
d se
en th
at w
hat h
e w
as tr
ying
to d
o to
he
lp th
e ci
vilia
ns o
n th
e gr
ound
was
not
ge
ttin
g do
ne. H
e w
as co
nvin
ced
that
our
gr
ound
forc
es w
ould
kill
thes
e pe
ople
if
he co
uldn
’t ge
t to
them
firs
t. H
e la
nded
th
e ai
rcra
ft in
bet
wee
n th
e Am
eric
an
forc
es a
nd th
e Vi
etna
mes
e pe
ople
in
the
bunk
er. H
e go
t out
of t
he a
ircra
ft an
d ha
d us
get
out
of t
he a
ircra
ft w
ith
our w
eapo
ns to
cove
r him
. He
wen
t and
ta
lked
to th
e lie
uten
ant t
here
. He
aske
d th
e lie
uten
ant h
ow h
e co
uld
get t
hese
peop
le o
ut o
f the
bun
ker.
The
lieut
enan
t sa
id th
at th
e on
ly w
ay h
e kn
ew w
as w
ith
hand
gre
nade
s.
So w
hen
War
rant
Offi
cer T
hom
pson
ca
me
back
to th
e ai
rcra
ft, h
e w
as
furio
us! A
nd h
e w
as d
espe
rate
to g
et
thes
e pe
ople
out
of t
he b
unke
r. H
e to
ld
us th
at h
e w
as g
oing
ove
r to
the
bunk
er
him
self
to se
e if
he co
uld
get t
hem
ou
t. I d
on’t
even
thin
k he
took
a ri
fle
with
him
. He
told
us i
f the
Am
eric
ans
wer
e to
ope
n fir
e on
thes
e Vi
etna
mes
e w
hile
he
was
get
ting
them
out
of t
he
bunk
er, t
hat w
e sh
ould
retu
rn fi
re o
n th
e Am
eric
ans.
Hug
h Th
omps
onW
hen
I did
inst
ruct
my
crew
chi
ef a
nd
gunn
er to
ope
n fir
e on
our
sold
iers
if
they
ope
ned
fire
on a
ny m
ore
civi
lians
, I d
on’t
know
how
I wou
ld h
ave
felt
if th
ey w
ould
hav
e op
ened
fire
on
them
. Bu
t tha
t par
ticul
ar d
ay I w
ould
n’t h
ave
give
n it
a se
cond
thou
ght.
Ron
Hae
berl
eAt
the t
ime,
I was
just
capt
urin
g a
reac
tion.
But
whe
n yo
u lo
ok a
t a
phot
ogra
ph la
ter o
n in
life,
and
you
know
no
w th
at th
ese p
eopl
e are
dea
d –
they
w
ere s
hot –
it is
just
kind
of a
n ee
rie fe
elin
g th
at g
oes t
hrou
gh yo
ur w
hole
bod
y. Yo
u th
ink b
ack:
Cou
ld I h
ave p
reve
nted
this?
H
ow co
uld
I hav
e pre
vent
ed th
is?
wha
t we
did
at M
y La
iVideo transcript
S.3D
51Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
" W
HAT
HA
PPEN
ED
Mic
hael
Ber
nhar
dt
Bern
hard
t: It
was
poi
nt-b
lank
mur
der.
I jus
t tol
d th
em th
e he
ll w
ith th
is, I’m
not
doi
ng it
. I d
idn’
t th
ink
this
was
a la
wfu
l ord
er.
Bern
hard
t say
s th
at C
apt.
Med
ina,
his
com
pany
co
mm
ande
r, kn
ew th
at B
ernh
ardt
did
not
pa
rtic
ipat
e in
the
slau
ghte
r at M
y La
i and
was
th
eref
ore
a po
tent
ially
trou
bles
ome
pers
on.
Med
ina
cam
e to
him
the
mor
ning
aft
er th
e m
assa
cre
and
said
, “Be
rnha
rdt,
you
bett
er k
eep
your
mou
th s
hut a
bout
this
.”
Que
stio
n: W
hat d
o yo
u th
ink
Bern
hard
t w
ill d
o ab
out t
he m
assa
cre
and
why
?
" W
HAT
HA
PPEN
ED
Law
renc
e Co
lbur
n Co
lbur
n ag
reed
with
his
pilo
t, H
ugh
Thom
pson
, to
land
the
helic
opte
r to
evac
uate
the
Viet
nam
ese
to
safe
ty. B
efor
e th
ey c
ould
land
, the
y sa
w A
mer
ican
so
ldie
rs k
illin
g th
e pe
ople
who
m th
ey h
ad b
een
plan
ning
to s
ave.
Thom
pson
land
ed th
e he
licop
ter n
ear a
bun
ker
whe
re th
e so
ldie
rs w
ere
thre
aten
ing
a gr
oup
of
villa
gers
. Whi
le T
hom
pson
wen
t to
atte
mpt
to s
ave
the
villa
gers
, Col
burn
and
the
othe
r hel
icop
ter
gunn
er p
rote
cted
him
by
poin
ting
thei
r mac
hine
-gu
ns a
t the
Am
eric
an s
oldi
ers.
Thom
pson
told
his
tw
o gu
nner
s th
at if
the
Am
eric
an s
oldi
ers
shot
at
him
or a
t the
Vie
tnam
ese,
they
wer
e to
fire
on
the
sold
iers
. Col
burn
pro
mis
ed h
e w
ould
.
Que
stio
n: W
hat d
o yo
u th
ink
Colb
urn
will
do
abo
ut th
e m
assa
cre
and
why
?
" W
HAT
HA
PPEN
ED
Lieu
tena
nt W
illia
m C
alle
y Lt
Cal
ley
orde
red
the
sold
iers
in h
is p
lato
on to
ro
und
up v
illag
ers
and
shoo
t the
m. W
hen
som
e of
his
men
resi
sted
the
orde
r, he
beg
an to
sho
ot
them
him
self.
Calle
y: W
e w
eren
’t in
My
Lai t
o ki
ll hu
man
bei
ngs.
We
wer
e th
ere
to k
ill id
eolo
gy th
at is
carr
ied
by –
I don
’t kn
ow –
paw
ns, b
lobs
, pie
ces o
f fles
h, a
nd I w
asn’
t in
My
Lai t
o de
stro
y in
telli
gent
men
. I w
as th
ere
to
dest
roy
an in
tang
ible
idea
, to
dest
roy
com
mun
ism
.
I was
ord
ered
to g
o in
ther
e an
d de
stro
y th
e en
emy.
Th
at w
as m
y jo
b th
at d
ay. T
hat w
as th
e m
issio
n I w
as
give
n. I d
id n
ot si
t dow
n an
d th
ink
in te
rms o
f men
, w
omen
and
child
ren.
The
y w
ere
all c
lass
ified
the
sam
e,
and
that
was
the
clas
sifica
tion
that
we
deal
t with
, ju
st a
s ene
my
sold
iers
. (...)
I fel
t the
n an
d I s
till d
o th
at
I act
ed a
s I w
as d
irect
ed, a
nd I c
arrie
d ou
t the
ord
ers
that
I was
giv
en a
nd I d
o no
t fee
l wro
ng in
doi
ng so
.
Que
stio
n: W
hat d
o yo
u th
ink
Lt C
alle
y w
ill d
o ab
out t
he m
assa
cre
and
why
?
STUDENTRESOURCE (1/4)3D.7
wha
t hap
pene
d ca
rds
S.3D
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 52
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (2/4)3D.7
" W
HAT
HA
PPEN
ED
Robe
rt M
aple
s Se
vera
l doz
en v
illag
ers h
ad b
een
forc
ed in
to a
di
tch,
man
y of
them
sobb
ing
and
begg
ing
for t
heir
lives
. Lt C
alle
y an
noun
ced
that
it w
as ti
me
to g
et
read
ytosh
ootthe
m;som
eofth
emen
resisted.
Calle
y di
rect
ly o
rder
ed R
ober
t Map
les
to lo
ad h
is
wea
pon
and
star
t sho
otin
g, b
ut M
aple
s re
fuse
d.
Calle
y th
en p
oint
ed h
is w
eapo
n at
Map
les,
thre
aten
ing
to s
hoot
him
for d
isob
eyin
g a
dire
ct
orde
r. Tw
o or
thre
e ot
her s
oldi
ers
step
ped
in a
nd
side
d w
ith M
aple
s. Ca
lley
fired
at t
he p
eopl
e in
th
e di
tch
him
self.
Que
stio
n: W
hat d
o yo
u th
ink
Map
les
will
do
abo
ut th
e m
assa
cre
and
why
?
" W
HAT
HA
PPEN
ED
Serg
eant
Ron
Hae
berl
e U
sing
his
ow
n ca
mer
a, H
aebe
rle b
egan
taki
ng
pict
ures
of v
illag
ers
who
had
bee
n sh
ot d
ead.
As
he p
repa
red
to p
hoto
grap
h a
wou
nded
four
-yea
r-ol
d w
ho w
as lo
okin
g fo
r his
mot
her,
thre
e rifl
e sh
ots
rang
out
at c
lose
rang
e, a
nd th
e ch
ild fe
ll to
th
e gr
ound
. Hae
berle
turn
ed a
nd fo
und
him
self
look
ing
into
the
eyes
of a
n 18
- or 1
9-ye
ar-o
ld
sold
ier w
ho s
tare
d ba
ck b
lank
ly.
Hae
berle
: I th
ink
back
– C
ould
I hav
e pr
even
ted
this
? How
coul
d I h
ave
prev
ente
d th
is? A
nd th
is is
a
ques
tion
that
I stil
l kin
d of
ask
mys
elf t
oday
.
Que
stio
n: W
hat d
o yo
u th
ink
Sgt
Hae
berl
e w
ill d
o ab
out t
he m
assa
cre
an
d w
hy?
" W
HAT
HA
PPEN
ED
Colo
nel O
ran
Hen
ders
on
Beca
use
helic
opte
r pilo
ts w
ere
send
ing
in m
essa
ges
desc
ribin
g w
hat w
as ta
king
pla
ce o
n th
e gr
ound
be
low
them
, Col
. Hen
ders
on o
rder
ed C
apt.
Med
ina
to re
turn
to th
e vi
llage
in th
e af
tern
oon
to
inve
stig
ate
exac
tly h
ow m
any
civi
lians
had
bee
n ki
lled.
But
Maj
or-G
ener
al K
oste
r can
celle
d th
at o
rder
.
Inst
ead,
Col
. Hen
ders
on a
ssem
bled
the
men
of
Char
lie C
ompa
ny a
nd a
sked
them
as
a gr
oup
if an
yone
had
bee
n in
volv
ed in
indi
scrim
inat
e ki
lling
. H
e la
ter r
epor
ted
to h
is s
uper
iors
that
all
of th
em
had
repl
ied,
“No,
sir.
” How
ever
, man
y of
the
men
w
ho w
ere
ther
e ha
ve s
ince
test
ified
that
wha
t the
y ha
d sa
id w
as, “
No
com
men
t.”
Thre
e da
ys la
ter,
Col.
Hen
ders
on re
port
ed th
at
his
inve
stig
atio
n w
as c
ompl
ete
and
that
no
indi
scrim
inat
e ki
lling
had
take
n pl
ace.
Lat
er,
whi
le g
ivin
g te
stim
ony,
he
deni
ed e
ver b
eing
told
an
ythi
ng a
bout
his
troo
ps w
anto
nly
killi
ng la
rge
grou
ps o
f civ
ilian
s.
Que
stio
n: G
iven
his
pos
itio
n of
aut
hori
ty,
wha
t do
you
thin
k Co
l. H
ende
rson
will
do
next
and
why
?
wha
t hap
pene
d ca
rds
S.3D
53Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
" W
HAT
HA
PPEN
ED
Serg
eant
Ken
neth
Hod
ges
Hod
ges:
As a
pro
fess
iona
l sol
dier
, I h
ad b
een
taug
ht to
carr
y ou
t the
ord
ers,
and
at n
o tim
e ha
d it
ever
cro
ssed
my
min
d to
dis
obey
or t
o re
fuse
to
carr
y ou
t an
orde
r tha
t was
issu
ed b
y m
y su
perio
rs.
If on
e of
my
men
had
refu
sed
to sh
oot (
...) h
e co
uld
have
face
d co
urt-
mar
tial;
he co
uld
have
bee
n sh
ot
on th
e sp
ot fo
r ref
usin
g an
ord
er in
face
of t
he
enem
y, in
face
of h
ostil
e fir
e.
I fee
l tha
t the
y w
ere
able
to ca
rry
out (
...) o
rder
s th
at m
eant
kill
ing
smal
l kid
s, ki
lling
wom
en,
beca
use
they
wer
e so
ldie
rs. T
hey
wer
e tr
aine
d th
at
whe
n yo
u ge
t int
o co
mba
t it’s
eith
er y
ou o
r the
en
emy.
The
peo
ple
that
wer
e in
that
vill
age
(...)
wer
e al
l con
side
red
the
enem
y. I f
eel t
hat w
e ca
rrie
d ou
t the
ord
ers i
n a
mor
al fa
shio
n. T
he o
rder
s of
dest
royi
ng th
e vi
llage
, of k
illin
g th
e pe
ople
in th
e vi
llage
– I f
eel t
hat w
e ca
rrie
d ou
t our
ord
ers,
and
we
did
not v
iola
te a
ny m
oral
stan
dard
s.
Que
stio
n: W
hat d
o yo
u th
ink
Sgt H
odge
s w
ill d
o ab
out t
he m
assa
cre
and
why
?
" W
HAT
HA
PPEN
ED
Capt
ain
Erne
st M
edin
a So
ldie
rs re
port
ed s
eein
g Ca
pt. M
edin
a sh
oot a
w
oman
as
wel
l as
a lit
tle b
oy w
ho w
as lo
okin
g fo
r hi
s m
othe
r am
ong
the
dead
.
One
sol
dier
, who
est
imat
es th
at h
e hi
mse
lf ki
lled
40 o
r mor
e ci
vilia
ns, s
aid
of M
edin
a, “H
e w
as ri
ght
ther
e w
hen
it ha
ppen
ed. W
hy d
idn’
t he
stop
it?
Med
ina
just
kep
t mar
chin
g ar
ound
. He
coul
d ha
ve
put a
sto
p to
it a
nytim
e he
wan
ted.
”
Que
stio
n: W
hat d
o yo
u th
ink
Capt
. Med
ina
will
do
abou
t the
mas
sacr
e an
d w
hy?
" W
HAT
HA
PPEN
ED
Varn
ado
Sim
pson
H
e sa
w a
wom
an fl
eein
g an
d hu
ggin
g so
met
hing
to
her
che
st. F
earin
g th
at it
mig
ht b
e a
gun
or a
n ex
plos
ive
devi
ce, S
imps
on o
pene
d fir
e. H
er li
fele
ss
body
dro
pped
to th
e gr
ound
. He
rolle
d he
r ove
r ca
utio
usly
, afra
id th
at sh
e m
ight
be
carr
ying
a
boob
y-tr
ap. U
nder
neat
h he
r was
a d
ead
baby
.
Sim
pson
: I k
new
the
wom
en a
nd ch
ildre
n w
ere
ther
e,
but f
or m
e to
say t
hat I
was
goi
ng to
kill
them
– I d
idn’
t kn
ow I w
as g
oing
to d
o th
at u
ntil i
t hap
pene
d. I d
idn’
t kn
ow I w
as g
oing
to k
ill a
nyon
e. I d
idn’
t wan
t to
kill
anyo
ne. I
was
n’t r
aise
d up
to k
ill. I
just
lost
all s
ense
of
dire
ctio
n or
pur
pose
. I ju
st st
arte
d ki
lling
any
kin
d of
w
ay I c
ould
kill
. It ju
st ca
me.
I did
n’t k
now
I had
it in
me.
Bu
t afte
r I k
illed
that
child
, it ju
st w
ent.
Que
stio
n: W
hat d
o yo
u th
ink
Sim
pson
w
ill d
o ab
out t
he m
assa
cre
and
why
?
STUDENTRESOURCE (3/4)3D.7
wha
t hap
pene
d ca
rds
S.3D
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 54
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE (4/4)3D.7
" W
HAT
HA
PPEN
ED
Fred
Wid
mer
W
idm
er a
nd C
apt.
Med
ina
cam
e up
on a
litt
le b
oy
of th
ree
or fo
ur w
hose
arm
had
bee
n sh
ot o
ff.
Wid
mer
: Thi
s is w
hat h
aunt
s me f
rom
the w
hole
or
deal
dow
n th
ere (
...) a
boy
with
his
arm
shot
off,
ha
lf ha
ngin
g on
(...)
and
he j
ust h
ad th
is be
wild
ered
lo
ok in
his
face
like ‘
Wha
t did
I do?
Wha
t’s w
rong
?’ H
e cou
ldn’
t com
preh
end.
And
– I s
hot t
he b
oy, k
illed
hi
m –
and
– I l
ike t
o th
ink o
f it m
ore o
r les
s as a
mer
cy
killi
ng b
ecau
se so
meo
ne el
se w
ould
hav
e don
e it i
n th
e end
, but
it w
asn’
t rig
ht.
Que
stio
n: W
hat d
o yo
u th
ink
Wid
mer
will
do
abo
ut th
e m
assa
cre
and
why
?
" W
HAT
HA
PPEN
ED
Har
ry S
tanl
ey
Whe
n Lt
Cal
ley
orde
red
Stan
ley
to sh
oot v
illag
ers
who
had
bee
n he
rded
into
a d
itch,
Sta
nley
refu
sed.
Stan
ley:
I was
n’t b
roug
ht u
p th
at w
ay, t
o be
kill
ing
no
wom
en a
nd ch
ildre
n. I’m
not
goi
ng to
do
it.
Calle
y th
rust
his
rifle
into
Sta
nley
’s st
omac
h an
d th
reat
ened
to k
ill h
im, s
hout
ing
that
he
was
n’t
bluffi
ng. S
tanl
ey sa
id h
e w
asn’
t blu
ffing
eith
er. H
e sa
id to
Cal
ley:
We
are
all g
oing
to d
ie h
ere
anyw
ay. I
just
as s
oon
go
out r
ight
her
e an
d no
w –
but
I ain
’t ki
lling
no
wom
en
and
child
ren.
Late
r, St
anle
y ex
plai
ned
his a
ctio
ns.
Lt C
alle
y tol
d m
e th
at h
e w
as g
oing
to h
ave
me
cour
t-m
artia
lled
whe
n w
e go
t bac
k to
bas
e ca
mp.
I tol
d hi
m
wha
t was
on
my m
ind
at th
e tim
e. O
rder
ing
me
to
shoo
t dow
n in
noce
nt p
eopl
e, th
at’s
not a
n or
der;
that
’s cr
azin
ess t
o m
e. A
nd so
I don
’t fe
el th
at I h
ave
to o
bey
that
. And
if yo
u w
ant t
o co
urt-m
artia
l me,
then
you
do th
at –
if yo
u ca
n ge
t aw
ay w
ith it
. I fe
lt th
at it
was
ho
rrib
le, ju
st a
terr
ible
thin
g to
be
goin
g on
.
Que
stio
n: W
hat d
o yo
u th
ink
Stan
ley
will
do
abo
ut th
e m
assa
cre
and
why
?
" W
HAT
HA
PPEN
ED
Hug
h Th
omps
on
Thom
pson
land
ed h
is he
licop
ter t
o ev
acua
te
villa
gers
who
had
bee
n w
ound
ed. H
e m
et L
t Cal
ley
on th
e gr
ound
and
an
argu
men
t ens
ued.
Cal
ley
told
hi
m to
get
bac
k in
his
helic
opte
r and
to m
ind
his
own
busin
ess.
From
the
air,
Thom
pson
and
his
crew
sa
w so
me
Amer
ican
sold
iers
mov
ing
in o
n a
grou
p of
terr
ified
vill
ager
s. H
e de
cide
d to
resc
ue th
em.
He
land
ed h
is he
licop
ter a
gain
and
inst
ruct
ed h
is
two-
man
cre
w to
shoo
t any
Am
eric
an so
ldie
r who
op
ened
fire
on
the
villa
gers
he
was
hop
ing
to sa
ve.
Thom
pson
: Whe
n I d
id in
stru
ct m
y cr
ew, t
o op
en
up o
n th
e Am
eric
ans i
f the
y op
ened
up
on a
ny m
ore
civi
lians
(...)
I don
’t kn
ow h
ow I w
ould
hav
e fe
lt if
they
w
ould
hav
e op
ened
up
on [o
ur o
wn
sold
iers
]. Bu
t th
at p
artic
ular
day
, I w
ould
n’t h
ave
give
n it
a se
cond
th
ough
t. Th
ey w
ere
the
enem
y at
that
tim
e, I g
uess
.
Thom
pson
repo
rted
to h
eadq
uart
ers d
urin
g th
e da
y th
at h
e an
d hi
s cre
w w
ere
seei
ng w
ides
prea
d ki
lling
of
civ
ilian
s at M
y La
i.
Que
stio
n: W
hat d
o yo
u th
ink
Thom
pson
w
ill d
o ne
xt a
nd w
hy?
wha
t hap
pene
d ca
rds
S.3D
55Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
•Itistherespon
sibilityofallmilitarypersonn
elhavingkn
owledg
eof
an
inci
dent
or a
n ac
t tho
ught
to b
e a
war
crim
e to
repo
rt it
to
thei
r com
man
ding
offi
cer a
s so
on a
s po
ssib
le.
•Personn
elwillm
akeeveryeff
orttode
tectth
ecommissionofwar
crim
es a
nd to
repo
rt th
e es
sent
ial f
acts
to th
eir c
omm
andi
ng o
ffice
r.•P
ersonsdiscoverin
gwarcrim
eswillta
keallpo
ssibleactionsto
pr
eser
ve e
vide
nce,
to n
ote
the
iden
titie
s of
witn
esse
s, an
d to
re
cord
the
circ
umst
ance
s an
d su
rrou
ndin
gs.
Sour
ce: M
ACV
Mili
tary
Dire
ctiv
e 20
-4.
STUDENTRESOURCE3D.8
wha
t sho
uld
happ
en n
ext?
S.3D
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 56
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3D.9
A le
tter
to re
veal
the
trut
hRo
n Ri
denh
our
Whe
n he
was
nea
ring
the
end
of
his
two-
year
tour
of d
uty
in V
iet
Nam
, Ron
Rid
enho
ur, a
22-
year
-old
he
licop
ter g
unne
r fro
m th
e 11
th
Infa
ntry
Brig
ade,
who
was
not
at M
y La
i, he
ard
stor
ies
of th
e m
assa
cre
that
had
take
n pl
ace.
Dur
ing
the
rem
aind
er o
f his
tim
e in
Vie
t Nam
, he
sou
ght o
ut p
eopl
e w
ho h
ad b
een
ther
e to
gat
her i
nfor
mat
ion
abou
t w
hat h
ad ta
ken
plac
e.
I was
det
erm
ined
to ca
use
an
inve
stig
atio
n of
som
e ki
nd. I
was
a
kid.
I had
no
idea
how
to d
o it,
but
I k
new
the
first
thin
g I n
eede
d w
as
the
fact
s.
He
need
ed a
n ey
ewitn
ess
and
was
abl
e to
find
Mik
e Be
rnha
rdt.
Bern
hard
t tol
d Ri
denh
our t
hat w
hen
he g
ot o
ut o
f the
arm
y he
pla
nned
to
trac
k do
wn
all t
he o
ffice
rs in
the
chai
n of
com
man
d re
spon
sibl
e fo
r My
Lai a
nd a
ssas
sina
te th
em.
Real
izin
g th
at B
ernh
ardt
was
ups
et
enou
gh to
car
ry o
ut h
is th
reat
, Ri
denh
our o
ffere
d an
alte
rnat
ive.
I sai
d, ‘S
o w
hy d
on’t
we
try
my
plan
? I’m
goi
ng to
get
an
inve
stig
atio
n go
ing.
And
if I d
o, w
ill
you
tell
the
trut
h?’ H
e sa
id, ‘
You
tell
the
trut
h, I’l
l tel
l the
trut
h.’
Whe
n he
got
out
of t
he a
rmy
in M
arch
19
69, R
iden
hour
sent
a le
tter
det
ailin
g w
hat h
e ha
d le
arne
d ab
out M
y La
i to
the
coun
try’
s mili
tary
lead
ers,
mem
bers
of t
he U
S Co
ngre
ss a
nd th
e Pr
esid
ent o
f the
Uni
ted
Stat
es.
S.3D
57Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL
Mod
ule
3: T
he
law
in a
ctio
n
STUDENTRESOURCE3D.10
Dilemma scenarioTh
ere
was
no
mer
cyPA
RT A
:In
191
4, d
urin
g W
orld
War
I, a
Ger
man
so
ldie
r’s b
atta
lion
was
adv
anci
ng o
n su
rrend
erin
g Ru
ssia
n tro
ops.
Abov
e th
e te
rrib
le th
unde
r of t
he
cann
on co
uld
be h
eard
the
hear
t-re
ndin
g cr
ies o
f the
Rus
sian
s: ‘O
Pr
ussi
ans!
O P
russ
ians
!’ Bu
t the
re
was
no
mer
cy. O
ur ca
ptai
n ha
d
orde
red:
‘The
who
le lo
t mus
t die
; so
rapi
d fir
e.’ A
s I h
ave
hear
d, fi
ve m
en
and
one
office
r on
our s
ide
wen
t m
ad fr
om th
ese
hear
t-re
ndin
g cr
ies.
But m
ost o
f my
com
rade
s and
the
office
rs jo
ked
as th
e un
arm
ed a
nd
help
less
Rus
sian
s shr
ieke
d fo
r mer
cy
whi
le th
ey w
ere
bein
g su
ffoca
ted
in
the
swam
ps a
nd sh
ot d
own.
Que
stio
n: A
s th
at s
oldi
er, w
hat w
ould
you
do
abou
t thi
s in
cide
nt?
PO
SSIB
LE P
OIN
TS O
F V
IEW
TO
CO
NSI
DER
:•
thatsoldier’scomrade
s•
hiscaptain
•asurren
derin
gRu
ssiansoldier
•theGerman
militarycou
rts
PART
B:
Beca
use
the
Uni
ted
Stat
es w
as n
eutra
l in
191
4, b
oth
sides
in W
orld
War
I lo
oked
to it
as a
n im
part
ial n
atio
n ab
le to
inte
rced
e on
beh
alf o
f vic
tims
of th
e w
ar. T
he w
ords
quo
ted
abov
e w
ere
take
n fro
m a
lette
r writ
ten
by
that
you
ng G
erm
an so
ldie
r to
the
Uni
ted
Stat
es e
mba
ssy
in B
erlin
. His
lette
r end
ed w
ith th
ese
wor
ds:
I wou
ld g
ive m
y nam
e and
regi
men
t, bu
t the
se w
ords
coul
d ge
t me c
ourt-
mar
tialle
d fo
r div
ulgi
ng m
ilitar
y sec
rets
.
Sour
ce: R
icha
rd G
arre
tt, P
.O.W
., D
avid
& C
harle
s, Lo
ndon
, 198
1.
Que
stio
n: A
s a
dipl
omat
at a
neu
tral
em
bass
y, w
hat w
ould
you
do?
PO
SSIB
LE P
OIN
TS O
F V
IEW
TO
CO
NSI
DER
:•
thediplom
at’sow
ngo
vernmen
t•
theRu
ssiango
vernmen
t•
theGerman
gov
ernm
ent
•thesoldierw
howroteth
eletter
•othe
rsoldierson
bothside
s
S.3D
Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 58
Mod
ule
3: T
he
law
in a
ctio
n
Sources
Telford Taylor, Nuremberg and Vietnam: An American Tragedy, Quadrangle Books, Chicago, 1970.
John Sack, William L. Calley, Lieutenant Calley: His Own Story, Viking Press, New York, 1971.
Joseph Goldstein, Burke Marshall, Jack Swartz, The My Lai Massacre and its Cover-up: Beyond the Reach of Law? : The Peers Commission Report, Free Press, New York, 1976.
Michael Bilton, Kevin Sim, Four Hours in My Lai, Penguin Books, New York, 1992.
Richard Hammer, One Morning in the War: The Tragedy at Son My, Coward-McCann, New York, 1970.
“My Lai: an American Tragedy,” Time, 5 December 1969, Vol. 94, No. 23 (http://www.time.com/time/printout/0,8816,901621,00.html).
Robert Jay Lifton, Home from the War: Vietnam Veterans: Neither Victims nor Executioners, Simon and Schuster, New York, 1973.
“When War Becomes a Crime: The Case of My Lai ,” in Jerold M. Starr (ed.), The Lessons of Vietnam, Center for Social Studies Education, Pittsburgh PA, 1991 (http://www.eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=ED337409&ERICExtSearch_SearchType_0=eric_accno&accno=ED337409).
“The Massacre at My Lai,” LIFE, 5 December 1969, Vol. 67, No. 23 (http://www.kenrahn.com/Marsh/Vietnam/mylait01.htm).
“Forgotten heroes of My Lai receive honors,” CNN Interactive, March 6, 1998 (http://www.cnn.com/US/9803/06/my.lai.ceremony/).
Excerpts from Lt William Calley’s court martial testimony on “Famous American Trials: The My Lai Courts-Martial” (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm).
FM 27-10, The Law of Land Warfare (http://faculty.ed.umuc.edu/~nstanton/FM27-10.htm).
LetterwrittenbyCapt.AubreyM.DanieltoPresidentNixon,April1970;“AnIntroductiontotheMyLaiCourts-martial”byDougLinder;Excerptfromtheprosecutionbriefoncommand responsibility in United States v. Captain Ernest L. Medina; Biographies of key figures in My Lai courts-martials (and a number of other documents) (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm).
PeersReport:Summary;CompanyC:Actionson16and17March1968;Suppressionandwithholdingofinformation;Generalfindingsandrecommendations;OmissionsandcommissionsofColOranK.Henderson;OmissionsandcommissionsofCapt.Ernest L. Medina (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm).
Court-martial testimony of Haeberle, Maples, Conti, Meadlo, Dr LaVerne, Calley, Medina, Latimer (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/MYL_calt.HTM).
Summation of Aubrey Daniels for the Prosecution, The Court Martial of William L. Calley, Jr. (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/closingargument.html).
Instructions from the Military Judge to the Court Members in United States vs. First Lieutenant William L. Calley, Jr. (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/instructions.html).
Homer Bigart, “Prosecution says that Medina ‘chose not to intervene’ at My Lai,” New York Times, 16 August 1971 (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/NYTIMES.html).
S.3D
59EHL
Mod
ule
3: T
he
law
in a
ctio
n
Exploring Humanitarian LawMODULE 3: ThE LAw IN ACTION
Media page3
OBJ
ECTI
VE
• to
bec
ome
awar
e of
the
way
s in
whi
ch in
tern
atio
nal h
uman
itaria
n la
w (I
HL)
is b
eing
ap
plie
d an
d of
effo
rts
to p
reve
nt v
iola
tions
of t
he la
w
1. F
ind
a ne
ws
repo
rt th
at s
how
s on
e of
the
rule
s of
IHL
bein
g ap
plie
d.
[For
exa
mpl
e: e
xcha
nge
of p
rison
ers,
carin
g fo
r a w
ound
ed e
nem
y, pr
otec
ting
civi
lians
]
>
Wha
t rul
e is
bei
ng im
plem
ente
d? W
hat a
re th
e co
nseq
uenc
es?
AN
D
2. F
ind
a ne
ws
repo
rt th
at s
how
s eff
orts
to p
reve
nt v
iola
tions
of I
HL.
[F
or e
xam
ple:
IHL t
rain
ing
for c
omba
tant
s, a
lead
er’s
spee
ch o
r act
ions
]
>
Wha
t eve
nts
led
to th
ese
effor
ts?
>
Wha
t con
sequ
ence
s di
d th
ese
effor
ts h
ave,
or m
ight
they
hav
e in
the
futu
re?
Find
an
inci
dent
that
occ
urre
d in
you
r are
a th
at m
akes
you
thin
k of
inst
ance
s of
hum
an d
igni
ty
bein
g vi
olat
ed a
nd o
f effo
rts
to s
top
such
vio
latio
ns.
EHL 60
Mod
ule
3: T
he
law
in a
ctio
n
Exploring Humanitarian LawMODULE 3: ThE LAw IN ACTION
3Assessment
METHODS OF ASSESSMENT
ONGOING ASSESSMENT
Exploring Humanitarian Law (EHL) provides teachers with daily opportunities to find out what their students are learning and what misconceptions they might have. Active teaching methods, such as class discussion, small group work, brainstorming and role-playing all provide such opportunities.
Take five minutes at the end of class to have students write down one- or two-sentence answers to the following questions:
> What did you learn today?> What remaining questions do you have?
Read through their responses, and use them to build on students’ knowledge and clarify any misconceptions for the next lesson.
PORTFOLIO OF STudENT WORK
In each module, students are asked to carry out activities such as interviewing people, illustrating concepts with poems, plays or artwork and writing research papers on particular topics.
Keep a folder or portfolio for each student, containing written work, artwork, interviews and news clippings that he or she has contributed in class. Periodically go over the student’s work with him or her to monitor progress in understanding international humanitarian law (IHL).
Post samples of students’ work where all can see.
ENd-OF-MOduLE QuESTIONS
After Module 3 is completed, you might want to devote the last class session to a written assessment of what students have learned. You could do this with one essay question (20-30 minutes) and two or three short-answer questions (10 minutes each).
Possible essay questions:
> Why do people violate IHL? Include specific examples.> Describe a difficult choice that a soldier might have to make in a combat situation.
What is the dilemma? What are the consequences?
Possible short-answer questions:
> Give two examples of one violation leading to another.> What is the effect of not knowing who is a civilian? > What were two dilemmas facing the American soldiers at My Lai?
61EHL
Mod
ule
3: T
he
law
in a
ctio
n
Exploring Humanitarian LawMODULE 3: ThE LAw IN ACTION
3You could ask students to formulate other questions in small groups and then select one of them as the essay question for the whole class. Or you could ask each student to propose a question and then answer it. (The student would be assessed on the quality of the question as well as on the answer.) Or you could select a quote from a newspaper article, a sidebar in the materials or another source and ask students to identify the main point being made in the quote and whether they agree or disagree with it.
CRITERIA FOR ASSESSMENT
An effective student response is one which:
• usesconcepts,suchasbystander,combatant,dilemmaorchainreactionandothertermsintheEHLmaterials;
• givesconcreteexamplestobackuppoints;• includesexamplesfromavarietyofsources,suchasthenewsmedia,interviews,
class discussion and outside reading.
The above techniques are simply suggestions to help you assess your students’ work on the EHL materials. Feel free to adapt them to your needs.
Assessment
EHL 62
Mod
ule
3: T
he
law
in a
ctio
n
Exploring Humanitarian LawMODULE 3: ThE LAw IN ACTION
3Web resources
VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW
• Gravebreaches,InternationalCommitteeoftheRedCross (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/57jp2a?opendocument)
RESPONSIBILITIES FOR RESPECTING INTERNATIONAL HUMANITARIAN LAW
• Respectingandensuringrespectforinternationalhumanitarianlaw,InternationalCommittee of the Red Cross (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_state_responsibility?opendocument)
• Implementinginternationalhumanitarianlaw,InternationalCommitteeoftheRedCross (http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/57JNXN/$File/Implementing_IHL.pdf)
INFORMATION ON THE EVENTS AT MY LAI
• FamousAmericantrials:TheMyLaicourts-martial1970 (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm)
• TheVietnamCenterandArchive,TexasTechUniversity (http://www.vietnam.ttu.edu)
• “MyLai:anAmericanTragedy,”Time (http://www.time.com/time/printout/0,8816,901621,00.html)
• “TheMassacreatMyLai,”LIFE (http://www.kenrahn.com/Marsh/Vietnam/mylait01.htm)
• “ForgottenheroesofMyLaireceivehonors,”CNNInteractive (http://www.cnn.com/US/9803/06/my.lai.ceremony)
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/002
01.
2009
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